[Adopted 12-4-1978 as Ch. 112A of the 1970 Code]
[Amended 5-5-1998 by L.L. No. 4-1998]
A.
Under the authority granted to the City of Saratoga Springs by Chapter
666 of the Laws of 1978 of the State of New York, a special assessment
district is created to be known as the "Downtown Special Assessment
District."
B.
On December 4, 1978, the Saratoga Springs City Council created a
special assessment district to preserve and enhance the vitality and
integrity of downtown Saratoga Springs and to provide this City's
government and downtown property owners with the means to work together
to promote safe, efficient and progressive development. The City Council
finds that a flourishing downtown business district is an indispensable
part of our past, present and future. It is of paramount importance
to maintain a framework for the Downtown Special Assessment District
that does not seek from downtown property owners additional compensation
for routine government services but which still allows for flexibility
and common sense in dealing with new challenges and opportunities.
[Added 5-5-1998 by L.L. No. 4-1998[1]]
As used in this article, the following terms shall have the
meanings indicated:
The assessment of all properties in the City, as charged
against those properties by the City of Saratoga Springs, based upon
the value of the properties and without regard to any benefits that
the properties may receive.
The assessment levied, by reason of the provisions of this
article, upon properties included in the Special Assessment District
created by this article.
A.
The Special Assessment District will be comprised of all properties
which front or abut on Broadway from the arterial to Circular Street,
all properties which front or abut on Lake Avenue from Broadway to
Maple Avenue, all properties which front or abut on Church Street
from Broadway to Woodlawn Avenue, all properties which front or abut
on Caroline Street from Broadway to Putnam Street and Maple Avenue
and all properties which front or abut on Division Street from Broadway
to Railroad Place. In addition to and not in limitation of the foregoing,
any property that maintains an apparent and reasonable physical connection
with any of the aforementioned streets shall be included in the district.
[Amended 5-5-1998 by L.L. No. 4-1998]
B.
There shall be specifically excluded from the district all properties
with buildings used as single-family residences and all properties
owned by eleemosynary institutions or governmental units.
C.
Should the City wish to change the boundaries of the district, it
must first receive the consent of the Board of Directors of the Special
Assessment District.
The City of Saratoga Springs may levy special assessments on
properties within the district for the following purposes: construction
and installation of landscaping, planting and park areas; construction
of lighting and heating facilities; construction and operation of
facilities such as places of amusement and entertainment, bus-stop
shelters, decorative lighting, benches and street furniture, sculptures,
paintings, murals and other works of art, booths, signs, news and
music facilities, fire hydrants, kiosks, receptacles, canopies, pedestrian
shelters, display cases, fountains, public rest rooms, booths for
retail stores, information booths, exhibits and such other fixtures,
equipment, facilities and appurtenances which might enhance the movement,
safety, convenience and enjoyment of the public and be of economic
benefit to surrounding properties; construction of pedestrian overpasses
and underpasses and connections between buildings; closing or opening
and widening or narrowing of existing streets; condemnation of existing
structures, where necessary, in order to carry out special district
purposes; construction of ramps, sidewalks, curbs, plazas and pedestrian
malls; rehabilitation or removal of existing structures, as required,
and improvement to facades; removal and relocation of utilities and
vaults as required; provision for additional maintenance and/or police
personnel, as required, for the enjoyment and protection of the public;
granting of permits to newsstands, restaurants, entertainment facilities
and other desirable private uses and making appropriate charges for
such private uses; providing and coordinating parking lot and parking
garage facilities within the special district in order to secure maximum
availability of public parking; and such other purposes as may be
necessary to carry out the improvement, promotion, maintenance and
operation of the special district. The City of Saratoga Springs shall
have the power to carry out the foregoing purposes with respect to
any properties located within the Special Assessment District.
[Amended 5-5-1998 by L.L. No. 4-1998]
A.
A special assessment for properties in the district shall be computed
in each year according to the following formula:
|
Amount of approved annual district budget
| |
|
_________________________ = X
| |
|
Total property assessments for all properties in the district
| |
|
X times (property assessment of an individual property)
= that property's special assessment for that year.
|
B.
In no event shall the total of special assessments for all properties
in the Special Assessment District exceed the sum of $100,000 in any
year. This limit shall not be subject to amendment by the City unless
consent to such amendment has been received from 2/3 or more of the
members of the district's Board of Directors.
[Amended 5-5-1998 by L.L. No. 4-1998]
A.
For the purpose of obtaining funds necessary to make improvements within the Special Assessment District, the City of Saratoga Springs may from time to time issue and sell bonds or other municipal obligations as provided by the Local Finance Law of the State of New York, Section 5 of Chapter 666 of the Laws of 1978, and other applicable statutes. Principal and interest payments on such bonds or other municipal obligations may be made from the proceeds of assessments within the Special Assessment District as hereinbefore provided. In no event shall the aggregate amount of such bonds or other municipal obligation, including both principal and interest payments, increase the total of special assessments for all properties in the Special Assessment District above the limit established in § 199-5B, unless that limit is amended as provided in that section.
B.
The City of Saratoga Springs shall determine the amount necessary
to make principal and interest payments on the bonds or other municipal
obligations issued in accordance with this section and shall collect
said amount from the property owners within the Special Assessment
District in equal installments over the period of the bond.
C.
Each parcel within the Special Assessment District shall be assessed
to repay bonding, in accordance with this section, in an amount to
be determined as follows:
(1)
The total taxes paid by the eligible property owners within the Special
Assessment District for the year in which bonds or other municipal
obligations are issued, excluding water and sewer charges, shall be
computed.
(2)
The percentage which the total annual bonding cost bears to the total
taxes as aforesaid shall then be computed.
(3)
The percentage shall then be applied to the total taxes assessed
to each parcel for the year in which bonds or other municipal obligations
are issued to determine the amount of the special assessment with
respect to each parcel.
(4)
Said special assessment shall be levied against each parcel annually
over the number of years necessary to repay the bond.
A.
In order to ensure the active participation of property owners within
the Special Assessment District, there is hereby established a Board
of Directors which shall be composed of nine persons, seven of whom
shall be property owners within the district or officers, stockholders
or employees of corporations which own property within the district.
B.
The Board of Directors shall be appointed by the Mayor with the consent
of the City Council.
C.
All Directors shall initially serve terms of from one to four years
as determined by the members of the Board. No more than four Directors
shall serve initial terms of the same duration. At the expiration
of said initial terms, the terms of the members of the Board of Directors
shall be four years. The members of the Board of Directors shall designate
one of their number as Chairman. Vacancies in the Board of Directors
for unexpired terms shall be filled by the Chairman of the Board of
Directors with the advice and consent of the Board of Directors.
D.
The Board of Directors is hereby authorized to make recommendations
to the City of Saratoga Springs concerning the capital improvements
to be constructed within the district, to prepare and recommend to
the City an annual special district budget and to make recommendations
to the City concerning other matters essential to the successful operation
of the district.
E.
The Board of Directors of the Special Assessment District shall make
periodic reports and recommendations to the City, at least quarterly,
concerning construction, operation and maintenance of all special
district capital improvements and related special district matters
such as transportation and parking.
A.
A proposed annual budget for the Special Assessment District shall
be submitted by the Board of Directors to the Commissioner of Finance
of the City of Saratoga Springs. Such proposed budget shall include:
[Amended 5-5-1998 by L.L. No. 4-1998]
(1)
Recommendations of construction of capital improvements for the ensuing
fiscal year.
(2)
Estimates of the cost of construction of such capital improvements,
which estimates shall be prepared in conjunction with the appropriate
City agencies.
(3)
Estimates of special district operation and maintenance costs for
the ensuing year.
B.
Such annual proposed special district budget shall also include recommendations as to 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)
Available federal funds and grants.
(2)
Available funds and grants from New York State.
(3)
Funds to be received from special district revenues.
(4)
Funds to be received by reason of special district assessments to
be taxed against properties within the Special Assessment District
according to the formulas previously established by the City.
C.
The City shall receive, consider and approve such proposed annual
budget of the Special Assessment District for the ensuing fiscal year
in accordance with the budgetary procedures prescribed for City agencies
by the applicable Charter or ordinance of the City of Saratoga Springs.
D.
When the City shall have approved the proposed annual budget of the
Special Assessment District for the ensuing fiscal year, the City
Assessor of the City of Saratoga Springs shall prepare an assessment
roll setting forth separately the amounts to be specially assessed
against the benefited and assessable properties in the Special Assessment
District in accordance with the assessment procedures prescribed by
this chapter and the formulas established by the City. The City Assessor
shall in all other respects comply with the Charter or ordinance of
the City of Saratoga Springs and other applicable statutes of the
State of New York in such cases made and provided.
A.
Moneys appropriated and collected on account of annual costs and
annual costs of operation and maintenance of the special district
shall be credited to a special district account.
B.
The City of Saratoga Springs is authorized to incur and finance the
annual costs of improving, operating and maintaining a special district
during any fiscal year if, in its discretion, it shall be deemed necessary
to provide for such annual improvements or operation or maintenance
prior to the succeeding fiscal year, so long as the various amounts
to be expended have been approved as part of the annual special district
budget and are to be collected during such succeeding fiscal year.
C.
Any balances to the credit of a special district account remaining
unexpended at the end of the fiscal year shall be conserved and applied
toward the financial requirements of the succeeding year.
A.
The Board of Directors of the Special Assessment District is hereby
authorized to establish a not-for-profit corporation. The directors
of such corporation shall be the members of the Board of Directors
of the Special Assessment District. The terms of the directors of
the not-for-profit corporation shall coincide with the terms as set
forth for members of the Board of Directors of the Special Assessment
District.
B.
The powers of the corporation may include but shall not be limited
to the following:
(1)
Supervision of the operation and maintenance of special district
capital improvements, whether or not such improvements were constructed
under the authorizations contained in this chapter, said supervision
to be performed under contractual agreement between the corporation
and the City of Saratoga Springs.
(2)
Conduct of additional special activities within the special district
under contractual agreement between the corporation and the City of
Saratoga Springs.
C.
The City of Saratoga Springs is hereby empowered to enter into an
annual contract with the not-for-profit corporation hereinbefore authorized.
D.
Under the provisions of said annual contract, the City may pay over
and transfer from the separate special district account to the corporation
funds sufficient to defray the annual expenses of the corporation
in performing the operation and maintenance functions of the district
and such other and additional functions as may have been included
in the approved annual budget and in said contract set forth above.
Nothing contained in this chapter shall prohibit the City of
Saratoga Springs or the not-for-profit corporation to be established
pursuant to this chapter from spending or receiving funds for capital
improvements or maintenance within the Special Assessment District.
Such funds may come from the general tax revenues of the City of Saratoga
Springs, the capital register, community development or from any other
sources, either public or private.
The City of Saratoga Springs is authorized to institute condemnation
proceedings incidental to the construction of capital improvements
within the Special Assessment District, which proceedings shall be
taken at the discretion of the City in accordance with the ordinances
of the City relating thereto and the other applicable statutes of
the State of New York.
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.
