Chapter 4 - BOARD OF ESTIMATE

Section 3-401

Section 3-401

  §  3-401 Awards to spouses of killed firefighters, police officers and
transit police officers. The mayor is authorized and empowered  to  make
an  award to the spouse or domestic partner of a member of the uniformed
force of the police department, fire  department  or  uniformed  transit
police  force, maintained by the New York city transit authority, killed
while engaged in the discharge of  duty.  Such  award  shall  equal  the
annual  salary  of such member at the time of death, but in no case less
than  the  full  salary  payable  to  a  first  grade  police   officer,
firefighter  or  transit  police  officer  at  the date of death of such
employee.
  In case there shall be no spouse or domestic  partner  surviving  such
member, the award shall be made to the minor child or children surviving
such  member.  In  case there shall be no spouse or domestic partner nor
child nor children so surviving the award may be made to  the  dependent
mother,  father, or other dependents of such member. Such award shall be
made in one payment as soon after the death of such  member  as  may  be
possible  and  shall  be  in  addition  to  any  pension, award or other
allowances authorized by law.
  Notwithstanding any other provision of law to the contrary, and solely
for the purposes of this section, a member  otherwise  covered  by  this
section  shall  be  deemed  to  have  been  killed  while engaged in the
discharge of duty upon which his or her membership  is  based,  provided
that  such member was in active service upon which his or her membership
is based at the time  that  such  member  was  ordered  to  active  duty
pursuant to Title 10 of the United States Code, with the armed forces of
the  United  States  or to service in the uniformed services pursuant to
Chapter 43 of Title 38 of the United States Code, and such  member  died
while  on  such  active  duty or service in the uniformed services on or
after June fourteenth, two thousand five while serving  on  such  active
military duty or in the uniformed services.

Section 3-402

Section 3-402

  §  3-402  Awards to surviving spouses and domestic partners of members
of the uniformed correctional and sanitation forces. The mayor is hereby
authorized and empowered to make an award to  the  surviving  spouse  or
domestic  partner of a member of the uniformed correctional force or the
uniformed sanitation force, employed by the department of correction  in
any  prison  or jail under control of the city, or any county within the
city, or employed by the department  of  sanitation,  who  has  been  or
hereafter  shall  be killed while engaged in the discharge of duty. Such
award shall be fixed in the discretion of the mayor. In case there be no
surviving spouse or domestic partner surviving the decedent, such  award
shall  be  made  to  the minor child or children surviving the decedent.
Such award shall be paid in one payment as soon after the death of  such
member  of  the  uniformed  correctional  or  sanitation force as may be
possible and shall be  in  addition  to  any  pension,  award  or  other
allowance authorized by law.
  Notwithstanding any other provision of law to the contrary, and solely
for  the  purposes  of  this section, a member otherwise covered by this
section shall be deemed  to  have  been  killed  while  engaged  in  the
discharge  of  duty  upon which his or her membership is based, provided
that such member was in active service upon which his or her  membership
is  based  at  the  time  that  such  member  was ordered to active duty
pursuant to Title 10 of the United States Code, with the armed forces of
the United States or to service in the uniformed  services  pursuant  to
Chapter  43  of Title 38 of the United States Code, and such member died
while on such active duty or service in the  uniformed  services  on  or
after  June  fourteenth,  two thousand five while serving on such active
military duty or in the uniformed services.

Section 3-403

Section 3-403

  §  3-403 Awards to survivors of certain civilian members of the police
department.
  a. Awards to spouses and domestic partners of school crossing  guards.
The  mayor  is  hereby  authorized and empowered to make an award to the
spouse or domestic partner of a school crossing guard, appointed as such
by the police commissioner pursuant to the provisions of section  14-118
of this code, who has been or hereafter shall be killed while engaged in
the  discharge  of  duty. Such award shall equal the annual compensation
earnable by a school crossing guard as provided for in  the  budget  for
the  fiscal  year  in  which death occurs. In case there is no spouse or
domestic partner surviving the decedent, such award shall be made to the
minor child or children surviving such decedent.  Such  award  shall  be
paid  in  one  payment  as  soon after the death of such school crossing
guard as may be possible and shall be in addition to any pension, award,
or other allowance authorized by law.
  Notwithstanding any other provision of law to the contrary, and solely
for the purposes of this subdivision, a member otherwise covered by this
subdivision shall be deemed to have been killed  while  engaged  in  the
discharge  of  duty  upon which his or her membership is based, provided
that such member was in active service upon which his or her  membership
is  based  at  the  time  that  such  member  was ordered to active duty
pursuant to Title 10 of the United States Code, with the armed forces of
the United States or to service in the uniformed  services  pursuant  to
Chapter  43  of Title 38 of the United States Code, and such member died
while on such active duty or service in the  uniformed  services  on  or
after  June  fourteenth,  two thousand five while serving on such active
military duty or in the uniformed services.
  b.  Awards  to  spouses  and  domestic  partners  of  prevailing  rate
employees.    The  mayor  is  hereby authorized and empowered to make an
award to the spouse or domestic partner of a prevailing  rate  employee,
appointed  as such by the police commissioner, who has been killed while
engaged in the discharge of duty on or  after  October  first,  nineteen
hundred  and  ninety-eight and before August first, nineteen hundred and
ninety-nine.  Such award shall equal the annual compensation earnable by
a person holding such prevailing rate  title  as  provided  for  in  the
budget  for  the  fiscal year in which death occurs. In case there is no
spouse or domestic partner surviving the decedent, such award  shall  be
made  to the minor child or children surviving such decedent. Such award
shall be paid in one payment as soon after the death of such  prevailing
rate  employee  as  may  be  possible  and  shall  be in addition to any
pension, award, or other allowance authorized by law.

Section 3-404

Section 3-404

  §  3-404  Awards  to  spouses  and  domestic  partners  of officers or
employees of the city. The mayor is hereby empowered to make an award to
the spouse or domestic partner of any officer or employee  of  the  city
who  was  heretofore  or  shall hereafter be killed while engaged in the
discharge of duty and who, at the time of death, was not  or  shall  not
have  been a member of a retirement system or pension fund maintained by
the city or supported in whole or in part  by  city  funds.  Such  award
shall equal the annual compensation earnable by such officer or employee
as  provided  by law or in the budget for the fiscal year in which death
occurs.
  In case there shall be no spouse or  domestic  partner  surviving  the
decedent, the award shall be made to the minor child or children of such
decedent.  In  case there shall be no spouse, domestic partner, or child
or children so surviving, the award  shall  be  made  to  the  dependent
mother,  father,  or other dependents of such decedent. Such award shall
be paid in one payment as soon  after  the  death  of  such  officer  or
employee as may be possible.

Section 3-405

Section 3-405

  §  3-405  Awards  for death or injuries received by persons other than
peace officers while attempting to prevent the commission  of  a  crime,
preserve  the peace or prevent public disturbances. Direct action on the
part of private citizens in preventing  crimes  against  the  person  or
property   of   others,   preserving  the  peace  or  preventing  public
disturbances, benefits the entire public. The mayor is hereby authorized
and empowered to make an award for the death of or injury to any  person
or persons, other than police officers or peace officers, which has been
or  shall hereafter be caused in attempting to prevent the commission of
a crime against the person or property of another, preserve the peace or
prevent public disturbances. Such award shall be fixed in the discretion
of the mayor as a matter of grace and not as  a  matter  of  right,  and
shall,  in  the  case  of  personal  injuries, be based upon the medical
expenses and loss of earnings incurred  by  such  person  injured  while
attempting  to  prevent the commission of a crime, preserve the peace or
prevent public disturbances. In the case of the death  of  such  person,
such  award  shall  be made to the surviving spouse or domestic partner,
child or other dependent of such person; and  the  award  may  be  in  a
single  payment,  or  may  be made in periodic payments under provisions
similar to those set  forth  in  section  13-244  of  this  code,  which
periodic  payments may be in an amount not to exceed the amounts payable
pursuant to such section  as  a  pension  to  the  surviving  spouse  or
domestic  partner,  child  or  other dependent, as the case may be, of a
deceased first-grade police officer. Petitions for  an  award  hereunder
must  be presented to the mayor within six months after the happening of
the occurrence which resulted in such injury or death. Before the  mayor
shall make such payment, he or she shall require the claimant to execute
and deliver an assignment to the city, in such form as shall be approved
by  the  corporation counsel, of an amount equal to the payments made or
to be made by the city, payable out of the  proceeds  of  any  recovery,
whether  by  judgment,  settlement or otherwise, against the city or any
person or any  public  or  private  corporation  alleged  to  have  been
responsible for said death or injuries.

Section 3-406

Section 3-406

  § 3-406 Leases for public purposes. All applications to lease any real
property  for  the  purposes of the city or any of the counties therein,
including the premises required in accordance with law for armories  and
drill rooms and places of deposit for the safekeeping of arms, uniforms,
equipment,  accoutrements  and camp equipage of the national guard, must
be presented to and passed upon by the board  of  estimate.  The  board,
upon  the  report of the commissioner of general services, and upon such
further inquiry  as  such  board,  in  its  discretion,  may  make,  may
authorize  a  lease  of  such  premises  as  shall  be  specified in its
resolution, at the rent therein set forth for  a  period  not  exceeding
twenty-one  years.  Such  lease  may  contain  a  provision for renewals
thereof at the option of the city. Such lease,  however,  shall  not  be
authorized except at a fair and reasonable rent, and unless the board is
satisfied,  and  shall  so express, that it would be for the interest of
the city that a lease of the premises for the purposes specified  should
be  made.  If  the  city,  prior  to the making of the lease, shall have
entered upon the possession of the property, the lease may  be  made  to
commence as of the date when the occupation commenced.

Section 3-407

Section 3-407

  §  3-407  Transfer  of streets. The board of estimate may transfer the
jurisdiction and control of  any  street  from  one  agency  to  another
agency.