[Adopted 5-23-2006 by L.L. No. 1-2006]
A.
Pursuant to the authority granted to the Board of
Trustees (Village Board) by the New York State Constitution, Article
9, § 2(c)(8), and the New York Municipal Home Rule Law § 10(1)(ii)(a)(8)
and (9) and 10(1)(ii)(e)(2), the Village hereby establishes and imposes
a special benefit assessment for local improvements for the repair,
service and maintenance of drainage systems for the following residential
subdivisions commonly known as:
(1)
The Centerfield Subdivision, including Section 1 thereof
and all ensuing sections which may be shown on final plats recorded
in the Onondaga County Clerk's Office (Centerfield); and
(2)
The Timber Ridge Subdivision, more particularly described
in the final plat thereof heretofore recorded in the Onondaga County
Clerk's Office (Timber Ridge).
B.
The special benefit assessment provided for herein shall be levied annually upon each parcel located within the Centerfield and Timber Ridge Subdivisions, respectively. The special assessment for each parcel shall be an amount determined each fiscal year by dividing (i) the yearly annual budget as defined in § 89-47 of this article for the repair, servicing and maintenance of the drainage system by (ii) the total number of parcels located within the respective subdivision.
C.
All special benefit assessments imposed hereunder
shall be due and payable in the same manner and at the same times
that real property taxes are due and payable. Such assessments shall
be billed and collected in the same manner and at the same time as
the billing and collection of real property taxes due the Village.
Pursuant to § 5-518 of the New York Village Law, there shall
be a penalty of .005% per month, or portion thereof, of the amount
due added to a special benefit assessment bill which is not paid within
30 days after the billing date. All unpaid special benefit assessments
in any year will be added to the real property tax bill rendered on
the property the following year.
A.
Proposed annual budgets, separately prepared, for
the repair, service and maintenance of the drainage systems of the
Centerfield and Timber Ridge Subdivisions shall be submitted by the
Village Clerk/Treasurer, with input from the Village's Department
of Public Works, to the Village Board. Such proposed annual budgets
shall be comprised of estimates of the cost of performing the repair,
service and maintenance of the respective subdivision's drainage system
for the ensuing fiscal year.
B.
The Village Board shall receive, consider and approve
annual budgets for each subdivision's drainage system for the ensuing
fiscal year in accordance with the budgetary procedures prescribed
by the Code of the Village of Manlius and the laws of the State of
New York.
C.
When the Village Board has approved such annual budgets for the ensuing fiscal year, the Town of Manlius Assessor shall prepare an assessment roll setting forth the special benefit assessment to be assessed against each parcel located within the respective subdivision in accordance with the formula established pursuant to § 89-46B of this article, which shall become a lien upon each parcel until fully paid or cancelled, and such lien shall have the same priority as a Village tax, as provided by law.
Revenue derived from special benefit assessments imposed pursuant to § 89-46 of this article, including penalties and interest, shall be credited to special funds to be known as the "Centerfield Subdivision Special Benefit Assessment Fund" and the "Timber Ridge Subdivision Special Benefit Assessment Fund." Monies in such funds shall be used to offset the costs of repairing, servicing and maintaining the drainage system of the subdivision for which purpose such fund was established, as the Village Board shall deem necessary. Any monies of the respective funds remaining unexpended at the end of the fiscal year shall remain in such fund and be applied toward the repair, service and maintenance of the drainage system of the subdivision for which purpose such fund was established for the succeeding year, as the Village Board shall deem necessary.
