[Adopted 7-6-1999 by L.L. No. 1-1999]
This article shall be entitled "A Local Law in Relation to the
Creation of Special District No. 1 of 1999 in the City of Saratoga
Springs, Saratoga County, New York, to be known as the 'Morgan Street
Birch Run Special District.'"
A.
The special district will be comprised of all municipal-type facilities
located on approximately eight acres of commonly owned land of the
Morgan Street Birch Run Homeowners' association, Phase II, Inc., a
Type A not-for-profit corporation under § 201 of the New
York State Not-For-Profit Corporation Law. The property is bounded
on the north by Birch Run Drive, on the east by Seward Street, on
the west by the Saratoga Golf and Polo Club and on the south by lands
owned by D. A. Collins, Inc. Maps defining the specific boundaries
of the property, its roadways and its water, sewer, drainage and lighting
facilities are on file with the City Clerk's, County Clerk's and City
Planning offices.[1] The incorporation papers along with the Association's
governing documents are on file with the State Attorney General's
office.
[1]
Editor's Note: A list of properties inside and outside this
special district is also on file in the City offices.
B.
There shall be specifically excluded from the district all maintenance,
repair and other services performed on the 36 privately owned residential
lots within the district. These 36 privately owned lots measure approximately
six acres.
C.
Also excluded are utilities owned by other entities, including the
underground natural gas mains and electric distribution system and
pad-mounted transformers owned by Niagara Mohawk Power Corporation
and the underground telephone and television cable lines owned by
Bell Atlantic and Time Warner Corporations.
The special district may levy special assessments on privately
owned properties within the district to provide municipal-type services
exclusively for the purpose of promoting the health, safety and general
welfare of the residents of the property as a community and to protect
and enhance the overall property values of the community. The following
municipal-type services are to be specifically provided by the district
in perpetuity:
A.
Water system: maintain and repair the 2,170 feet of twelve-inch ductile
iron water mains located within the district boundary which provide
City water to the 36 metered homes, plus the associated valves and
the four fire hydrants located within the district.
B.
Sanitary sewer system: maintain and repair the district's approximately
1,500 feet of sanitary sewer mains, including 14 precast concrete
sewer manholes and collector basins, two concrete duplex sewer pumping
stations, including four automatic electric pumps and controls, and
900 feet of three-inch PVC sewer force mains leading from the district's
duplex sewer pumping stations into the City sewer system.
C.
Storm sewer system: maintain and repair the district's approximately
2,700 feet of open storm drainage gutters and 27 ten-inch culverts,
plus 17 precast concrete catch basins and 1,200 feet of concrete storm
drains ranging from 12 inches to 24 inches in diameter.
D.
Streetlighting system: maintain, repair and replace, as necessary,
the streetlighting system within the district, consisting of 17 cedar
light poles, sodium vapor fixtures and lamps, photo-electric controls
and relays and approximately 2,900 feet of underground two-hundred-forty-volt
cable and conduit.
E.
General maintenance: maintain rights-of-way to the water and sewer
mains, sewer pump stations, fire hydrants and storm sewer system,
and such other purposes as may be necessary in carrying out the operation
and maintenance services of the district to protect the health and
safety of residents and the value of the property within the district.
The City, as authorized under the provisions of the General
City Law, the Municipal Home Rule Law, New York Property Tax Law § 102.16
and this article, hereby creates the district.
A.
The Morgan Street Birch Run Special District is established for the
purpose of carrying on, performing and financing services intended
to benefit the health, welfare, safety or convenience of the inhabitants
of such district and to provide policies and procedures for emergency
situations.
B.
In carrying out its enumerated purposes, the district and homeowners
within the district shall abide by existing governmental laws and
rulings and by the provisions, regulations, duties and powers herein
as they pertain to the operation, maintenance, repair and replacement
of the district's municipal-type facilities and related services to
be performed within the district. These include the establishment
of operating budgets, levying the necessary assessments against the
property owners within the district, preparing specifications and
obtaining bids for the required services, awarding contracts, paying
taxes and fees, obtaining insurance and periodic audits of district
finances by an independent public accountant, electing a board of
directors, conducting annual meetings of property owners, issuing
regular reports and other actions as enumerated.
C.
The district shall have no power or authority to expand or merge
the district or to transfer or dedicate district facilities unless
approved by the City Council and the district Board of Directors.
A.
In order to assure the active participation of property owners within
the special district, there is hereby established a Board of Directors
which shall be composed of seven persons who shall be property owners
within the district.
B.
The Board of Directors shall be appointed by the Mayor with the consent
of the City Council. The Directors also may serve concurrently as
directors of the district's not-for-profit corporation, the Morgan
Street Birch Run Homeowners' Association, Phase II, Inc.
C.
All Directors shall initially serve terms of one to three years as
determined by members of the Board. At the expiration of said terms,
the terms of the members of the Board of Directors shall be three
years. The members of the Board of Directors shall elect one of their
number as Chairman, one as Vice Chairman, one as Treasurer and one
as Secretary. Vacancies in the Board of Directors for unexpired terms
shall be filled by vote of the remaining members of the Board of Directors.
D.
The Board of Directors is hereby authorized to prepare and present
to the City an annual special district budget, to levy and collect
annual assessments on property within the district corresponding to
the budget, and to carry out the duties necessary in specifying, contracting
for and supervising the services necessary to operate, maintain and
repair the district's water and sewer mains, sewer pumps, storm sewers,
fire hydrants, streetlights and rights-of-way to these facilities
in perpetuity.
A.
"Special assessments" will mean a charge imposed upon benefited real
property within the district, and shall be levied equally upon the
property owners within the district, all of whom benefit equally from
the maintenance and repair services to be provided by the district.
The real properties involved are those 36 private lots within the
boundaries of the proposed Morgan Street Birch Run Special District.
The assessments shall be liens upon the respective properties.
B.
The Board of Directors of the special district shall determine and
levy the annual assessments necessary to perform the operating, maintenance
and repair functions required within the district and shall assess
and collect said amounts from the property owners within the district.
C.
No municipal personnel or equipment shall be used for the ordinary
maintenance or repair of the district's property, and no special assessments
shall be levied by the district for any employment of municipal personnel
or equipment for such purpose. Should any emergency cause the City
of Saratoga Springs to operate, maintain or repair such facilities
within the district in order to protect the health, safety and welfare
of the residents, the City Council shall be empowered to levy special
assessments against the real property owners within said district
in an amount to be determined by the Commissioner of Public Works
so as to reimburse the Department of Public Works for all expense
incurred for such purpose. Such assessments shall be levied in proportion
to the extent the properties are benefited and shall be liens upon
the real properties within the district.
A.
A proposed annual budget for the special district shall be submitted
by the Board of Directors to the property owners within the district
and to the Commissioner of Finance of the City of Saratoga Springs
no later than 60 days prior to the beginning of the district's calendar
year. Such proposed annual budget shall include recommendations of
municipal-type services to be performed during the coming year and
estimates of the costs of these services for the ensuing year. Any
surplus of funds at fiscal year end is to be applied to offset costs
in the next fiscal year.
B.
Such annual proposed special district budgets shall also include recommendations as to the funds and other sources of revenue against which the costs set forth in Subsection A of this section should be charged, including but not limited to the following:
(1)
Funds to be received from assessments levied against properties within
the district by the Board of Directors according to the annual budget.
(2)
Funds to be received from special district revenues such as earned
interest.
(3)
Funds to be utilized from capital reserves or operating reserve funds
previously allocated to meet unanticipated emergency repairs or replacement
of district equipment or facilities.
C.
With the approval of the district's Board of Directors, the special
district shall deliver an annual budget and a check payable to the
Commissioner of Finance of the City of Saratoga Springs and drawn
on assessment funds in the district's operating account, in full payment
for the maintenance and repair services to be performed by the district
for the coming 12 months as specified in the budget. The Commissioner
of Finance will then reimburse the special district to carry out the
municipal-type services specified, said City check to be deposited
to the district's account and utilized for the performance of those
services as specified in the district budget. This transaction will
enable the district to proceed with the necessary maintenance and
repairs to preserve the described facilities, to protect the health,
safety and general welfare of the residents and to preserve the value
of properties within the district.
For the purpose of obtaining funds in the event of an unforeseen
emergency or natural disaster which requires extensive, nonbudgeted
repairs to municipal-type facilities within the district, the special
district shall have the power to levy additional one-time assessments
on the property owners in the district applicable to that year only.
The Board of Directors shall have the power to levy such additional
assessment up to $500 per homeowner in the district. Should a larger
assessment be required to defray, in whole or in part, the cost of
any construction, reconstruction, repair or replacement of a municipal-type
facility within the district, such an assessment shall require the
assent of the majority of the owners of the 36 residential properties,
consistent with this article.
The powers and obligations herein granted and imposed are in
addition to and not in diminution of all powers and obligations existing
under applicable laws of the State of New York and the Charter of
the City of Saratoga Springs.
