[Adopted 12-4-2001 by L.L. No. 6-2001]
This article shall be entitled "A Local Law to Create a Special
District No. 1 of 2001 in the City of Saratoga Springs, Saratoga County,
New York to be Known as the Gilbert Road-Meadowbrook Road Special
Assessment District."
As used in this article, the following terms shall have the
meanings indicated:
Real property, adjacent to or near properties in the district,
to which public water service shall, now or hereafter, be provided
upon proper connection, directly or indirectly, from the City of Saratoga
Springs (the "City") water transmission mains.
An area of land within the City designated as "Special Assessment
District No. 1 of 2001." 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 water transmission line and related infrastructure to
be acquired, constructed and installed in the District. A more detailed
description of the project facility is filed in the office of the
Department of Public Works.
A.
Background.
(1)
The City Council of the City of Saratoga Springs (the "City") is
concerned about the quality of drinking water available to persons
who reside near a portion of Gilbert Road at its intersection with
Meadowbrook Road. These residents have complained about difficulties
in obtaining drinking water of consistent quality. They indicate that
they have received letters from the New York State Department of Health
cautioning them to treat or boil their existing water supply before
drinking it.
(2)
Petitions received by the City's Department of Public Works from
residents indicated that a substantial percentage of the residents
want the City to extend the City's water system to their properties.
Furthermore, the residents have indicated a willingness to pay the
cost of the improvements required to extend the City's water system
by assessing 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 protect the health, safety, comfort and general welfare
of the residents in the Gilbert Road-Meadowbrook Road area. Accordingly,
the City Council of the City recognizes the necessity for the undertaking
by the City of the project. In order to 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 the cost of the
project to the residents located within the District.
(2)
The adjacent properties and the properties within the District will
be benefited by the project facility as the project facility will
add to the value of the property within the District and the adjacent
properties 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 provide properties
within the District with City water. The cost of the project shall
be assessed upon those properties 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 assessment for the
costs of the project facility to be acquired, constructed and installed
within the District. The City will establish, from time to time, the
manner in which the cost of the project facility will be assessed
against the properties within the District. Properties included within
the District will be assessed according to formulas established from
time 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.
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 adjacent properties and all undeveloped
properties existing within the District on the date of the enactment
hereof.
C.
The City shall establish a reserve fund in connection with the financing of the project. All tapping fees described in Subsection B 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.
D.
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 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.
