[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:
PROPERTY ASSESSMENT
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.
SPECIAL ASSESSMENT
The assessment levied, by reason of the provisions of this article, upon properties included in the Special Assessment District created by this article.
[1]
Editor's Note: This local law also provided for the renumbering of former §§ 199-2, 199-3 and 199-4 as §§ 199-3, 199-4 and 199-5, respectively; and former §§ 199-5 and 199-6 were combined as § 199-6.
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.