[HISTORY: Adopted by the City Council of the City of Saratoga
Springs 7-17-2001 by L.L. No. 5-2001. Amendments noted where applicable.]
The City Council of the City of Saratoga Springs, pursuant to New York State General Municipal Law, Article 2, General Municipal Finances, hereby establishes a program for the purpose of protecting, preserving, enhancing, and improving environmentally sensitive, recreational and scenic land, as such are regulated by various sections of New York State law pursuant to the approval of the electors of the City in a public referendum held pursuant to all applicable statutes of the laws of the State of New York.
Continuing development within the City has demonstrated a compelling
need to acquire, improve, preserve, protect, maintain the availability
of, and improve the City's remaining natural areas, wetlands,
trails, watershed protection land, farm land, stream and other green-way
corridors, historical and archaeological sites and areas, significant
habitats and ecologically important areas, geological landmarks, public
access areas and other similar such open land for active and passive
park and recreational facilities, and preserve open areas, to enhance
the general quality of life and the environment of the City, and thereby
benefit the residents and taxpayers of the City. In order to achieve
these goals, the City requires a mechanism to purchase land, easements
or other real property rights and interests quickly and efficiently,
and make original improvements and embellishments thereto, as the
need arises and opportunities are identified. Appropriate fiscal planning
is an essential component of fulfilling this goal.
The City Council hereby finds that, in order to more effectively
implement the powers and authorities granted to cities by New York
State General Municipal Law § 247 and New York State Environmental
Conservation Law §§ 49-0301 through 49-0311, both inclusive,
which recognize the value of open areas and the need to preserve such
land, and empower municipalities with authority to acquire real property
to preserve as open areas, to more effectively implement the powers
and authorities granted to cities by various sections of General City
Law of the State of New York, which recognize the value of active
and passive park and recreational facilities, and empower municipalities
with authority to provide for original improvement and embellishment
of such facilities, including acquisition of real property and/or
rights and interests in real property for such purposes, the establishment
of an environmental, parks, and open areas protection program pursuant
to the laws of the State of New York is necessary.
A.
Fund account. The Commissioner of Finance shall establish and maintain
a separately designated account, pursuant to New York State General
Municipal Law § 6-c, to be known as the "Environmental,
Parks and Open Areas Acquisition and Improvement Capital Reserve Fund,"
and may establish therein one or several subaccounts for the purposes
set forth herein, as may be required by proper accounting procedures.
B.
Scope of fund. This Fund shall be used, pursuant to New York State
General Municipal Law § 6-c, to fund the acquisition, protection
and maintenance of ownership, rights and interests in land and improvements
thereto, for active and passive park and recreational purposes, and
preservation of open areas. Said expenditures may be made directly
from dedicated, general and special revenues, and need not be bonded,
in the sole discretion of the City Council.
C.
Deposits. This Fund shall be the repository for all revenues specifically
designated for expenditure by the City for the purposes set forth
herein, including bond revenues, dedicated fees, general or special
municipal revenues and from such other sources as the City Council
may determine, in its sole discretion, where permitted by the Laws
of the State of New York, including but not limited to those set forth
herein below.
D.
Additional deposits. The City shall also pursue and attract, for
deposit in and use in accordance with this Fund, where permitted by
the laws of the State of New York, additional funds, gifts and grants
from foundations, private donations, any additional private or public
sources, and federal, state and county matching funds.
E.
Prohibitions. Monies from this Fund shall not be used for any purposes
which are not specifically set forth in this chapter.
A.
Fund account. The Commissioner of Finance shall establish and maintain
a separately designated account, pursuant to New York State General
Municipal Law § 6-h, to be known as the "Environmental,
Parks and Open Areas Acquisition Improvement Debt Reserve Fund," and
may establish one or several subaccounts for the purposes set forth
herein, as may be required by proper accounting procedures.
B.
Scope of Fund. This Fund shall be used, pursuant to New York State
General Municipal Law § 6-h, to accumulate all revenues
designated by the City Council for payment of any bonded indebtedness
incurred by the City in pursuing the purposes set forth herein.
C.
Deposits. This Fund shall be the repository for revenues collected
by the City through real property taxes assessed against the whole
City tax rate, commencing with the fiscal year of the City beginning
January 1, 2002, and from such sources not derived from real property
taxes as the City Council may determine, in its sole discretion, where
permitted by the laws of the State of New York. Except for revenues
derived from the issuance and sale of serial bonds, revenues shall
be transferred from the above-referenced Capital Reserve Fund, as
the City Council may determine to be necessary, in its sole discretion.
D.
Prohibition. Monies from this Fund shall not be used for any purposes
other than payment of any bonded indebtedness incurred in pursuit
of the purposes of this chapter.
A.
City Council.
(1)
No expenditures shall be made from these funds except upon the specific
authorization of the City Council pursuant to and for the purposes
described in this chapter and based on the recommendations of the
Advisory Committee established hereunder. In authorizing such expenditures,
the City Council must make findings pursuant to the City's adopted
open area plan, as amended.
(2)
Appointment of Advisory Committee; membership; terms of office.
(a)
The Mayor shall appoint an Advisory Committee of citizens who
have a commitment to preservation of open areas. The Committee shall
have seven members appointed by the Mayor.
(3)
The Advisory Committee established hereunder shall develop criteria
for the expenditure of funds for the acquisition of ownership, rights,
or interests in land and improvements thereto for active and passive
parks and recreational purposes, and preservation of open areas and
shall submit same to the City Council for approval. The Advisory Committee
shall make recommendations to the City Council based on said criteria.
B.
Commissioner of Finance. The Commissioner of Finance shall have the power to invest, from time to time, the monies of these funds, in accordance with General Municipal Law, Article 2, General Municipal Finances, and any other appropriate statutes of the laws of the State of New York.
C.
City parks. All real properties purchased in title with monies from
these funds may be dedicated as parklands on a site-specific basis,
which may then only be alienated with the approval of the New York
State Legislature, and, in such case, shall be maintained by the appropriate
City agency.
These accounts shall cease to receive further funding after
all bonded indebtedness incurred for the purposes of this chapter
has been paid, unless the provisions of this chapter are extended
by resolution of the City Council in increments of five years. The
City Council may, in its sole discretion, prepay all bonded indebtedness
and terminate the funding of these accounts earlier than stated herein,
upon adoption of a resolution determining to do so. If at any time
the City Council does not extend the funding for these accounts, the
balances remaining therein shall be used for the purposes set forth
herein above until they have been depleted.