[HISTORY: Adopted by the Council of the City
of Schenectady 10-11-1977 by Ord.
No. 77-60. Amendments noted where applicable.]
Under the authority granted to the City of Schenectady
by Chapter 453 of the Laws of 1977, a special assessment district
is created to be known as the "Downtown Special Assessment District."
[Amended 10-23-1995 by Ord. No. 95-29; 1-8-2001 by Ord. No. 2001-1]
The district is the area bounded by the rear
property line of property on the northerly side of Union Street from
Washington Avenue to Nott Terrace; the rear property line of property
on the easterly side of Nott Terrace and Veeder Avenue from Union
Street to the southerly boundary of State Street at its intersection
with Veeder Avenue, then along the southerly boundary of State Street
to its intersection with the rear property line of the parcel commonly
known as 712-714 State Street (Parcel #49.25-1-2) along the rear property
line of said parcel to its intersection with the northerly boundary
of Albany Street, along the northerly boundary of Albany Street to
its intersection with Veeder Avenue and along the easterly side of
Veeder Avenue to Hamilton Street; the rear property line of property
on the southerly side of Hamilton Street from Veeder Avenue to Clinton
Street; the rear property line of property on the westerly side of
Clinton Street from Hamilton Street to Broadway; the southern boundary
of the Market Square parking lot from Broadway to Van Guysling Avenue;
Van Guysling Avenue from the southern boundary of the Market Square
parking lot to the southern boundary of the property known as "No.
2 Van Guysling Avenue"; the southern boundary of No. 2 Van Guysling
Avenue from Van Guysling Avenue to the railroad right-of-way; the
right-of-way from the southern boundary of No. 2 Van Guysling Avenue
to Hamilton Street; from the end of Hamilton Street along a line as
if Hamilton Street were extended across railroad property to the rear
property line of property on the easterly side of Erie Boulevard;
the rear property line on the easterly side of Erie Boulevard from
the extended Hamilton Street line to Interstate 890; Interstate 890
from the rear property line of property on the easterly side of Erie
Boulevard to Washington Avenue; Washington Avenue from Interstate
890 to Union Street.
A.
Contiguous
district expansion areas.
[Added 10-15-2019 by Ord. No.
2019-12]
(1)
Lower Broadway: District will continue from Clinton Avenue Ext (Former
Market Square Parking Lot now known as South Broadway Parking Lot)
southern boundary of No. 2 Van Guysling south to Interstate 890 along
Broadway; rear property line of property line on easterly side of
Van Guysling and the rear property line for parcels on the easterly
side of Broadway.
(2)
North Jay Street: Northerly boundary of Union Street will extend
north along North Centre Street and Warren Street to North Jay Street
and be bounded on the westerly side by the rear property line or the
railroad right-of-way and on the easterly side by the rear property
line or North Jay Street. The northerly boundary will also extend
north along North Jay Street to the intersection with South Avenue
and include parcels commonly known as 501 South Avenue (Parcel Nos.
39.57-4-36.1 and 39.57-4-36.2) along the rear property line of said
parcels. All parcels located along North Jay Street on the easterly
and westerly sides to South Avenue will be bounded by their rear property
lines.
(3)
Erie Boulevard: Northerly boundary of Union Street and Erie Boulevard
will extend north along Erie Boulevard to Nott Street and the roundabout
and include all parcels located along Erie Boulevard bounded on the
easterly side by the railroad and the westerly side rear property
line of the that parcel located on the westerly side of Erie Boulevard.
[Amended 1-8-2001 by Ord. No. 2001-1]
The City may levy special assessments on property
within the district for the following purposes:
A.
Provision and coordination of parking lot and parking
garage facilities within the special district, in order to secure
maximum availability of public parking.
B.
Construction and installation of landscaping, planting
and parking areas.
C.
Construction and operation of facilities such as:
bus stop shelter; benches and street furniture; booths, kiosks, display
cases and exhibits; signs, news and music facilities; fire hydrants;
receptacles, canopies; pedestrian shelters; fountains; lighting and
such other fixtures; equipment facilities; and appurtenances as may
enhance the movement, safety, convenience and enjoyment of the public
and be of economic benefit to surrounding properties.
D.
Construction of pedestrian overpasses and underpasses
and connections between buildings.
E.
Construction of ramps, sidewalks, plazas and pedestrian
malls.
F.
Rehabilitation or removal of existing structures,
as required.
G.
Removal and relocation of utilities and vaults, as
required.
H.
Provision for additional maintenance or police personnel
as required for the enjoyment and protection of the public.
I.
Business promotion and development within the district.
J.
Such other powers as may be necessary to carry out
the improvement, maintenance and operation of the special district.
[Amended 1-8-2001 by Ord. No. 2001-1]
A.
The City shall assess property in the district for
the following costs incurred by the City in carrying out the purposes
of the district:
(1)
Not more than 70% of the cost of acquisition of property
within the district and not owned by the City or the Schenectady Urban
Renewal Agency on the effective date of this chapter;
(2)
Not more than 70% of the cost of capital improvements
made after the effective date of this chapter to property within the
district and used for parking; or other district purposes; and
(3)
All costs of maintaining and operating district parking
or other facilities within the district and all costs of carrying
out other district operations, activities and functions.
B.
Acquisitions of property and capital improvements
are to be financed by borrowing. At the time of borrowing, the City
Council shall determine what percentage of the cost of acquisitions
or improvements is to be assessed but may change that percentage prospectively
from time to time thereafter. Annual assessments for acquisitions
or capital improvements are to be limited to the assessable share
of the annual debt service for the acquisitions or improvements.
C.
Annual assessments for operating costs are to be based
on an operating budget for the district. Cost overruns are to be recouped
by assessment in the year following; cost underruns are to be credited
to the operating budget for the years following.
D.
Annual assessments are to be payable in four installments,
which shall be included on the quarterly City tax bill as a separate
item.
[Amended 12-22-2003 by Ord. No. 2003-20]
[1]
Editor's Note: Former § 9-4, Division
of district, was repealed 1-8-2001 by Ord. No. 2001-1.
[Amended 10-11-1977 by Ord. No. 77-69; 2-4-1980 by Ord. No. 80-13; 10-30-1980 by Ord. No.
80-145; 11-25-1980 by Ord. No. 80-149; 12-7-1981 by Ord. No. 81-122; 8-30-1982 by Ord. No. 82-77; 6-2-1986 by L.L. No. 3-1986; 10-28-1991 by Ord. No.
91-44; 10-23-1995 by Ord. No. 95-29; 2-9-1998 by Ord. No. 98-1; 1-8-2001 by Ord. No. 2001-1]
A.
The City shall levy annual special assessments on
each property within the district. The amount of the annual assessment
for each property in the district is the proportionate share attributable
to that property of the total cost of services and benefits provided
within the district. The annual total cost benefit is the sum of the
assessable debt service and the operating costs for all services and
benefits provided within the district.[1]
[1]
Editor's Note: Ordinance No. 2010-19, adopted 11-22-2010,
authorized DSAD to levy an annual assessment based on a factor-based
formula. For details, refer to Ord. No. 2010-19, which is on file
in the City offices.
B.
C.
Benefit assessments.
(1)
Parking benefit. A parking benefit assessment shall
be calculated for each parcel within the district with a building.
The parking benefit assessment for each parcel is based upon each
parcel's share of the total parking demand within the district. Parking
demand for each parcel shall be determined by multiplying the gross
floor area (GFA) for each parcel by a parking distance factor relative
to each lot within the district to determine the adjusted floor area
(AFA) for each parcel. The distance factor for each parcel shall be
determined by measuring from the center of each parcel to the center
of each district parking lot. The parking benefit assessment for each
parcel shall be determined based upon the proportionate share which
the adjusted floor area for each parcel represents as compared to
the total adjusted floor area of all parcels within the district.
(2)
Environment enhancement benefit. Each parcel within
the district shall be assessed for its proportionate share of all
costs relating to equipment, services, improvements and amenities
designed to enhance and improve the environment and appearance of
the district. The environment enhancement benefit assessed to each
parcel shall be based upon a factor representing the proportionate
share of all district costs for such activities attributed to each
parcel. The assessment for each parcel shall be determined by multiplying
the frontage use factor for each parcel by the service zone factor
for each parcel.
(3)
Business development benefit. Each parcel within the
district shall be subject to an assessment for its proportionate share
of all costs incurred for the promotion, development, enhancement,
attraction and marketing of businesses and business activity within
the district. The assessment for each parcel shall be determined based
upon the percentage of the gross floor area (GFA) which that parcel
represents as compared to the total gross floor area (GFA) of all
parcels within the district.
D.
Factors.
(1)
Parking distance factor. If the distance from the
building to a district parking lot is 800 feet or more, the distance
factor is determined by subtracting that distance from 2,000 and dividing
the remainder by 666.7. If the distance is less than 800 feet, the
distance factor is determined by subtracting that distance from 1,143
and dividing the remainder by 114.3. In either case, the factor to
be used is the quotient to the nearest tenth.
(2)
Frontage use factor: the number of front feet which
a subject parcel has on the street listed as the parcel's street address.
The frontage use factor for a parcel with frontage on two streets
will be the frontage as measured for the parcel's street address.
The determination of a parcel's frontage shall be based upon the City
of Schenectady's real property (RPS) assessment database.
(3)
Service zone factor. Each parcel shall be assigned
a service zone factor, which factor represents the frequency of services
and level of amenities provided to parcels within specific zones of
the district.
(4)
Gross floor area factor. Gross floor area factor shall
be the total number of square feet of a building or buildings located
on a parcel. The determination of the gross floor area for each parcel
shall be based upon the City of Schenectady's real property (RPS)
assessment database.
E.
Each parcel located within the Downtown Special Assessment
District shall be subject to an annual minimum assessment not to exceed
$450. The amount of the minimum assessment shall be determined annually
by the Downtown Special Assessment District Operations and Development
Committee and shall be levied by the City, whenever such minimum assessment
shall exceed the assessment for any parcel as computed under the provisions
of this chapter.
F.
The owner of a building which is subject to a special
assessment may, within 30 days after receiving notice of the assessment,
appeal to the City Assessor or other official designated by the City,
but only for the purpose of contesting the accuracy of the determination
of the factors utilized in calculating the assessment for that parcel.
G.
The following classes of property located within the
district shall be exempt from special assessment: single-family residence
(Class 210), two-family residence (Class 220), three-family residence
(Class 230) and property owned by the City of Schenectady, and the
United States of America.
H.
The City Assessor or other official designated by
the City may adopt rules and regulations to facilitate the preparation
and administration of the annual assessment in the district. The City
Assessor or other official designated by the City may utilize the
other offices of the City government and the Downtown Special Assessment
District in preparing the annual assessment.
[Amended 6-2-1986 by L.L. No. 3-1986; 1-8-2001 by Ord. No. 2001-1]
A.
In order to ensure the active participation of property
owners within the district, there is established a Downtown Special
Assessment District Operations and Development Committee, also to
be known as the "Downtown Special Assessment District Board," consisting
of nine members with staggered terms of three years. At least seven
members of the Committee must be owners of assessable property within
the district, or the agents of such owners. The Mayor shall appoint
the members of the Committee with the consent of the City Council.
In appointing members representing property owners, the Mayor shall
give due regard to representation throughout the district. At the
time of appointment of the first Committee, the Mayor shall designate
which three members serve for one year, which three for two years
and which for three years. A vacancy is to be filled in the same manner
for the unexpired term.
B.
The Committee shall designate one of its members to
be Chairman and may provide for other officers. The Committee shall
determine its rules of procedure, except that no substantive action
may be taken except by the affirmative vote of five members of the
Committee.
C.
Members of the Committee serve without compensation
but may be reimbursed for necessary and proper expenses if the operating
budget for the district provides for such expenses. The Committee
may incur such other expenses as may be budgeted for in the district
operating budget. The City may provide such services as the Committee
may require, either on a reimbursable basis through the district's
operating budget or on a nonreimbursable basis.
D.
The Committee may form a not-for-profit corporation
under the authority of Section 11 of Chapter 453 of the Laws of 1977
and with the powers granted by that section.
E.
The Committee shall prepare, annually, a recommended
operating budget for district operations for the ensuing fiscal year,
to be submitted to the Mayor not later than 120 days prior to the
beginning of that fiscal year. The Committee may prepare a recommended
capital budget for district capital improvements in the district to
be submitted to the Mayor at least 30 days prior to submission of
the recommended operating budget. The Committee may, from time to
time, but at least semiannually, make other reports and recommendations
to the Mayor concerning matters related to the district.
F.
The Committee may from time to time appoint one or
more advisory committees to consist of not more than five property
and/or business owners within the district to advise the Committee
on matters or issues affecting the operation of the district, including,
but not limited to, making recommendations to fill vacancies on the
Committee.
