[HISTORY: Adopted by Common Council of the
City of North Tonawanda 11-20-1984. Amendments noted where applicable.]
[Adopted 11-20-84]
A.
There is hereby established a special parking district
to be known and designed as "Special Parking District No. 1," City
of North Tonawanda, New York, bounded and designated as follows: Beginning
at a point in the center line of River Road at the intersection of
said center line of River Road with the center line of Goundry Street;
thence easterly continuing along said center line of Goundry Street
to the intersection of said center line of Goundry Street with the
easterly boundary of Webster Street; thence and continuing southerly
down said easterly side of the Webster Street right-of-way and including
said easterly boundary of Webster Street and all property abutting
said boundary as includable property in said Special Parking District
No. 1, to the intersection of said easterly boundary of Webster Street
with the southerly boundary of Tremont Street; thence easterly along
the southerly boundary of Tremont Street 110.6 feet to a point; thence
southerly 108.91 feet along a line perpendicular with the southerly
line of Tremont Street; thence easterly at right angle to the last
described line a distance of 16.76 feet; thence southerly at right
angle to the last described line a distance of 20,78 feet; thence
easterly at right angle to the last described line a distance of 115.24
feet; thence southerly at a right angle to the last described line
to its intersection with the northerly bank of the Erie Barge Canal;
thence westerly along said bank of the Erie Barge Canal to the intersection
of said bank of the Erie Barge Canal with the middle line of River
Road; thence northerly along the middle line of River Road to the
point or place of beginning.
B.
Excepting from "Special Parking District No. 1" the
following described properties:
(1)
Exception No. 1. Starting at the intersection of the
northerly line of Tremont Street with the easterly line of Webster
Street and continuing northerly along said easterly boundary of Webster
Street a distance of 90.99 feet and excluding all property abutting
said boundary as described, it being intended to exclude Niagara County
Tax Map Parcel Number 185.37-1-1913.
(2)
Exception No. 2. Starting at the intersection of the
southerly line of Tremont Street with the easterly line of Webster
Street and continuing southerly along said easterly boundary of Webster
Street a distance of 203.65 feet and excluding all property abutting
said boundary as described, it being intended to exclude Niagara County
Tax Map Parcel Numbers 185.09-1-9 and 185.09-1-10.
(3)
Exception No. 3. Starting at the intersection of the
easterly line of River Road with the southerly line of Sweeney Street
and continuing easterly along said southerly boundary of Sweeney Street
a distance of 73 feet and excluding all property abutting said boundary
as described, it being intended to exclude Niagara County Tax Map
Parcel Number 185.09-1-6.
(4)
Exception No. 4. Starting at the intersection of the
northerly line of Sweeney Street with the westerly line of Manhattan
Street and continuing northerly along the westerly line of Manhattan
Street a distance of 167.25 feet and excluding all property abutting
said boundary as described, it being intended to exclude Niagara County
Tax Map Parcel Numbers 185.37-1-24 and 185.37-1-25.
(5)
Exception No. 5. Starting at the intersection of the
southerly line of Goundry Street with the westerly line of Manhattan
Street and continuing southerly along said westerly boundary of Manhattan
Street a distance of 547 feet and excluding all property abutting
said boundary as described, it being intended to exclude Niagara County
Tax Map Parcel Number 185.09-1-5.
The cost of any improvements, including acquisition
costs and retirement of debt service for same, and any necessary equipment,
facilities and other related expenses therewith, shall be the equal
responsibility of the City of North Tonawanda and the owners of real
property included within the boundaries of said parking district.
The apportionment of the charge upon benefited properties shall be
accomplished by first attributing any and all revenue acquired by
the parking facility to the costs and expenses of the special parking
district. The City of North Tonawanda shall be responsible for 50%
of the remaining costs and expenses, and the remaining costs and expenses
shall be charged upon benefitted properties by dividing the remaining
costs and expenses by the total assessed property valuation of all
benefitted properties in such district, as determined by the City
Assessor.
When such construction and/or improvements,
and acquisition have been completed, and the total costs thereof computed
and determined, the City Assessor shall prepare a special assessment
roll showing the amount of the assessment chargeable to each parcel
of real property included in such district and shall submit same to
the Common Council for its approval.
The Common Council, if it approves such special
assessment roll, shall direct the City Attorney to prepare the necessary
warrants for the collection of same. When such roll shall have been
delivered to the City Treasurer, said City Treasurer shall proceed
to collect and enforce the same as provided in the Charter of the
City of North Tonawanda for the collection of special assessments.
At the time of the preparation of the city tax
rolls each year and the collection thereof, there shall be included
an item for special district purposes for the calendar year in which
the annual city tax is being levied, for each parcel of real property
included in the Special Parking District No. 1, which shall be computed
as above provided. Said assessment shall be levied and collected annually
thereafter in the same manner as the general city tax.
Provisions of the City Charter for the collection
and enforcement of general city taxes and special assessments and
for the collection of delinquencies therein shall apply also to the
collection and enforcement of the various assessments herein provided
for in this Special Parking District. The assessment for the acquisition
and construction of such facilities and the annual services charges,
including debt service charges, therefore shall be and become a lien
upon the parcels of real property included in such Special Parking
District, as any other general city charge or special assessment charge.