[Adopted 8-18-2009 by L.L. No. 2-2009]
This article shall be entitled "A Local Law to Create a Special
District No. 1 of 2009 in the City of Saratoga Springs, Saratoga County,
New York, to be known as the Gilbert Road II Special Assessment District."
As used in this article, the following terms shall have the
meanings indicated:
An area of land within the City designated as "Special Assessment
District No. 1 of 2009." The district shall consist of and include
certain properties within the area of the City of Saratoga Springs,
New York. A list describing all such properties constituting the district
is filed in the office of the City Clerk.
The acquisition, construction and installation of the project
facility.
The main transmission line and related infrastructure to
be acquired, constructed and installed in the City. A more detailed
description of the project facility is filed in the office of the
Department of Public Works.
A.
Background.
(1)
The construction of an additional main transmission line in the area
of Gilbert Road will improve the quality and dependability of water
transmission throughout the City. In addition, the City is concerned
about the quality of drinking water available to persons who reside
near a portion of Gilbert Road between Lake Avenue and Conver Drive.
These residents have complained about difficulties in obtaining drinking
water of consistent quality.
(2)
Petitions received from residents indicated that a substantial percentage
of said residents want the City to extend the City's main transmission
line past their properties. Furthermore, the residents have indicated
a willingness to pay a portion of the cost of the improvements required
to extend the City's main transmission line by assessing a part of
such costs on those residents of the District benefiting from the
improvements.
B.
Findings of fact.
(1)
The City Council of the City does hereby find that appropriate measures
must be taken to extend its main water transmission lines and to protect
the health, safety, comfort and general welfare of the residents in
the Gilbert Road area. Accordingly, the City Council of the City recognizes
the necessity for the undertaking of the project by the City. In order
to help finance the cost of the project, the City Council will create
the District. The District is created pursuant to this article for
purposes of assessing part of the cost of the project to the residents
located within the District.
(2)
The properties within the District will be specially benefited by
the project facility in a manner apart from the benefits conferred
upon the public generally, as the project facility will add to the
value of property within the District and will improve water supply
and quality and fire protection within the District.
The purpose of creating the District is to preserve and protect
the health, safety, comfort and general welfare of the residents in
the District. The project will be undertaken to improve water transmission
Citywide. A part of the cost of the project shall be specially assessed
upon those properties specially benefited within the District.
The City, as authorized under the provisions of the General
City Law, the Municipal Home Rule Law and this article, hereby creates
the District.
The properties to be included in the District shall be accurately
described by boundary description or otherwise.
The City may exercise the following powers with respect to the
District in connection with the project:
A.
Acquisition, construction and installation of water transmission
lines and related infrastructure, including the project facility;
B.
Construction of facilities such as signs, fire hydrants, and such
other fixtures, equipment facilities and appurtenances in connection
with the project facility;
C.
Closing or opening or widening or narrowing of existing streets;
D.
Rehabilitation or removal of existing structures, as required;
E.
Removal and relocation of utilities, as required;
F.
Such other powers as may be necessary to carry out the acquisition,
construction and improvement of the project facility.
A.
Properties in the District shall be subject to special assessment
for part of the costs of the project facility to be acquired, constructed
and installed within the District. The City will establish the manner
in which the cost of the project facility will be specially assessed
against the properties within the District. Properties included within
the District will be specially assessed, according to formulas established
by the City Council in its sole judgment, to reflect the benefits
accruing to such properties within the District by reason of the project
facility. (See Appendix A.[1])
[1]
Editor's Note: Appendix A is on file in the City offices.
B.
Notwithstanding anything else to the contrary contained in this article
or in any other law, resolution, regulation or rule of the City and
in addition to all other costs or fees provided for by law, resolution,
regulation and rule of the City, a tapping fee of no less than $3,000
each shall be paid by all undeveloped properties existing within the
District on the date of the enactment hereof. If a currently undeveloped
property becomes developed within the next 30 years, the connection
fee of $3,000 will be deducted from the amount to be paid in special
assessment costs by the new developed parcel.
C.
Should parcels within the district be developed or subdivided in
the future, each new parcel created will be subject to the same special
assessment for the same amount of time as the properties existing
within the District on the date of the enactment hereof if it is developed
and will be subject to the water connection fee of not less than $3,000
if it is undeveloped.
D.
The City shall establish a reserve fund in connection with the financing of the project. All special assessments and tapping fees described in Subsections A, B and C above shall be forthwith deposited in such reserve fund and shall be used by the City to pay principal and/or interest on any bonds or notes issued to finance the project.
E.
Any operation and maintenance expenses of the District will be treated
as expenses of the Citywide water system and paid out of the City's
water fund.
The City, for the purpose of providing funds for the cost of
the project facility, may from time to time issue and sell bonds or
other municipal obligations as provided in the New York Local Finance
Law and other applicable state statutes. Principal and interest payments
on such bonds or other municipal obligations may be made in whole
or in part from the proceeds of assessments within the District, but
in no event may installment payments for such assessments for the
project facility be collected over a period of years longer than the
period of probable usefulness of the project facility as set forth
in the Local Finance Law.
The City retains all rights and powers which it now has or may
have in the future. The creation of the District is not to be interpreted
to be an abrogation or diminution of any rights and powers of the
City. This article in no way prevents the City, at any time subsequent
to the creation of the District, from changing the description of
the District or the assessment formulas for properties to be specially
assessed within the District or from exercising the other powers granted
by this article or other applicable statutes of the State of New York.
A.
The City shall prepare a budget describing revenues and expenses
relating to the project in connection with the preparation of the
City's budget.
B.
The City shall also establish procedures to be used by the City Assessor
in preparing assessment rolls of benefited, assessable properties
within the District. Such procedures shall include the provision of
notice of the completion of the assessment roll and the scheduling
of a public hearing to consider the assessment roll. The procedures
must be consistent with the powers granted by this article and, in
all other respects, with the Charter and other ordinances of the City
and other applicable statutes of the State of New York.
