[Adopted 2-15-2000 by L.L. No. 1-2000]
This article shall be entitled "A Local Law in Relation to the
Creation of Special District No. 1 of 2000 in the City of Saratoga
Springs, Saratoga County, New York to be Known as the West Avenue
Special Assessment District."
As used in this article, the following terms shall have the
meanings indicated:
A property's special assessment, minus the amount of any
existing improvement credit.
A credit against the special assessment imposed by this article
for specified improvements which have been previously made or paid
for by the property owner to the assessed property and which are determined
by the City as meeting or exceeding the standards for the improvement
upon which the special assessment is based.
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. For purposes of calculating the actual
tax levied on a property, property assessment is calculated per $1,000
of taxable assessed value. For purposes of this article, the term
"property assessment" shall include such assessment for land only.
The assessment levied, by reason, of the provisions of this
article, upon properties included in the special assessment district
created by this article.
West Avenue and its surrounding areas have long been a tremendously
important part of the City. While its primary importance is founded
in commerce, transportation and public services, West Avenue remains
a key element in every plan and vision for the City's overall improvement
and development. The City Council recognizes the necessity of a project
to improve the West Avenue area. The Council further finds that it
is just and proper to assess portions of the costs of such improvements
to owners of properties located within the district herein described,
and that the properties so assessed will be appropriately benefited
and increased in value by those improvements.
The district shall consist of certain properties located within
the City of Saratoga Springs and described by their section, block
and lot numbers as shown on the Assessor's Maps of the Inside and
Outside Tax Districts of the City of Saratoga Springs. A list of all
the described properties, together with a map showing the district
boundaries and a summary of costs estimated for the improvements,
is filed in the office of the City Clerk.
A.
The City of Saratoga Springs may levy special assessments on properties
within the district for such purposes as may be necessary to carry
out the improvement, promotion, maintenance and operation of the special
assessment district. Such purposes shall include, but shall not be
limited to: construction and installation of landscaping, physical
facilities, utilities, site amenities, signage, etc.; promotional
activities, such as events, advertising; maintenance and operational
activities to protect investments; and management activities to promote
district programs.
B.
The City shall have the power to carry out such purposes with respect
to any properties located within the special assessment.
In each year for which an annual budget is submitted pursuant to § 199-55 and approved by the City, a special assessment for properties in the district shall be computed as follows:
|
Amount of Approved Annual District Budget
|
|
Total Property Assessments for all Properties in the District
= X
|
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X times (property assessment of an individual property)
= that property's special assessment under this section
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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 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.
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:
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Total Annual Bonding Cost
| |
|
Total Property Assessments for All Properties in the District
= X
| |
|
X times (property assessment for an individual property)
= that property's special assessment under this section for
each year necessary to repay the bond.
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A.
A property's special assessment shall be adjusted downward by the
application of existing improvement credits. An adjusted special assessment
shall be computed for each property in the district according to the
following formula: Adjusted Special Assessment = Special Assessment
x (1.0-Existing Improvement Credit)
B.
The amount of a property's existing improvement credit shall be computed
as follows, and a property may qualify for any or all of the following
credits simultaneously:
C.
The City of Saratoga Springs reserves the absolute authority to determine whether any property shall qualify for any existing improvement credit under this section. The City shall also have the authority to accept funds from any district property owners for the purpose of making any of the improvements described in Subsections (1) through (2) of Subsection B above, to deposit and hold such funds in escrow accounts as permitted by law and to apply such funds toward that property's existing improvement credit, provided that such funds have been accepted by the City prior to the effective date of this article.
D.
Nothing in this article shall prevent the City of Saratoga Springs from giving an improvement credit to a property for improvements other than those specified in Subsection B above. Such other improvement credits may be allowed following a review of the particular improvements made by the property owner and the extent to which such improvements are found to benefit the public.
[Amended 11-15-2005 by L.L. No. 6-2005]
A.
If a property located in the district is used exclusively for a residence, as this term is defined in Article I of the City Zoning Ordinance, and such use is in all aspects lawful under said Zoning Ordinance, that property shall not be subject to special assessments under this article for any amount in excess of $150 per year, for each year in which such special assessment is imposed.
B.
If a property owned exclusively by a veteran's organization and located
in the district shall qualify for exemption from taxation under § 452
of the Real Property Tax Law, that property shall not be subject to
special assessments under this article for any amount in excess of
$150 per year, for each year in which such special assessment is imposed.
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. The Directors also may serve concurrently as directors of the district's not-for-profit corporation as described in § 199-57.
C.
All Directors shall initially serve terms of one to three years as
determined by members of the Board. At the expiration of said terms,
the terms of the members of the Board of Directors shall be three
years. The members of the Board of Directors shall elect one of their
number as Chairman, one as Vice Chairman, one as Treasurer and one
as Secretary. Vacancies in the Board of Directors for unexpired terms
shall be filled by vote of the remaining members 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.
A.
A proposed annual budget, as authorized by § 199-54D, may be submitted by the Board of Directors to the Commissioner of Finance of the City of Saratoga Springs. Such proposed budget shall include:
(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.
A.
The powers and obligations herein granted and imposed are in addition
to and not in diminution of all powers existing under applicable laws
of the State of New York and the Charter of the City of Saratoga Springs.
B.
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 assessed
within the district or from exercising the other powers granted by
this article or other applicable statutes of the State of New York.
