[Adopted 5-7-2002 by L.L. No. 2-2002]
This article shall be entitled "A Local Law in Relation to the
Creation of Special District No. 1 of 2002 in the City of Saratoga
Springs, Saratoga County, New York, to be known as the 'Interlaken
Special Assessment District.'"
A.
The special district will be comprised of all municipal-type facilities
located on approximately 54.74 acres of commonly owned land of the
Interlaken Homeowners' association, a Type A not-for-profit corporation
under § 201 of the New York State Not-For-Profit Corporation
Law. The property is bounded on the east by Crescent Avenue and NYS
Route 9P and on the west by Lake Lonely. Maps defining the specific
boundaries of the property, its roadways and its water, sewer, drainage
and lighting facilities are on file with the City Clerk's, County
Clerk's and City Planning offices. The incorporation papers along
with the Association's governing documents are on file with the State
Attorney General's office.
B.
There shall be specifically excluded from the district all maintenance, repair and other services performed on the 125 privately owned residential units within the district. The land occupied by these 125 privately owned units measures approximately 5.2 acres of the total 54.74 acres described in Subsection A above.
C.
Also excluded are utilities owned by other entities, including the
underground natural gas mains and electric distribution system and
pad-mounted transformers owned by power companies, the underground
telephone and television cable lines owned by telephone, cable TV
and internet service providers, and the infrastructure owned by Saratoga
County Sewer District No. 1.
[Amended 12-21-2021 by L.L. No. 2-2021]
The special district may levy special assessments on privately
owned properties within the district to provide municipal-type services
exclusively for the purpose of promoting the health, safety and general
welfare of the residents of the property as a community and to protect
and enhance the overall property values of the community. The following
municipal-type services are to be specifically provided by the district
in perpetuity:
B.
Storm sewer system. Maintain and repair the district's approximately
1,770 feet of concrete storm drains with twelve-inch pipe diameter,
and 11 catch basins.
C.
Streetlighting system. Maintain, repair and replace as necessary,
the streetlighting system of 38 lights, and four entrance lights,
and 8,747 feet of underground two-hundred-forty-volt cable and conduit
within the district. Maintain, repair cable and wiring for pool lights,
205 feet; pool pump house, picnic pavilion, mail house, community
flag pole, pool security lights; and 1,041 feet for an underground
sprinkler system.
D.
General maintenance. Maintain, repair and replace as necessary the
district's 1,584 yards by 10 yards of private asphalt/macadam roadways.
Maintain rights-of-way to the sewer mains, the fire hydrants, storm
sewer system, and such other purposes as may be necessary in carrying
out the operation and maintenance services of the district to protect
the health and safety of residents, and the value of the property
within the district. Maintain rights-of-way to the water storage tank
and pump house owned and operated by the Saratoga County Water Authority.
The City, as authorized under the provisions of the General
City Law, the Municipal Home Rule Law, and NY Real Property Tax Law
§ 102.16, and this article, hereby creates the district.
A.
The Interlaken Special Assessment District is established for the
purpose of carrying on, performing and financing services intended
to benefit the health, welfare, safety or convenience of the inhabitants
of such district, to provide policies and procedures for routine and
nonroutine maintenance, and to provide policies and procedures for
emergency situations.
[Amended 12-21-2021 by L.L. No. 2-2021]
B.
In carrying out its enumerated purposes, the district and homeowners
within the district shall abide by existing governmental laws and
rulings and by the provisions, regulations, duties and powers herein
as they pertain to the operation, maintenance, repair and replacement
of the district's municipal-type facilities and related services to
be performed within the district. These include the establishment
of operating budgets, levying the necessary assessments against the
property owners within the district, preparing specifications and
obtaining bids for the required services, awarding contracts, paying
taxes and fees, obtaining insurance and periodic audits of district
finances by an independent public accountant, conducting annual meetings
of property owners, issuing regular reports and other actions as enumerated.
[Amended 12-21-2021 by L.L. No. 2-2021]
C.
The district shall have no power or authority to expand or merge
the district or to transfer or dedicate district facilities unless
approved by the City Council and the district Board of Directors.
A.
In order to assure the active participation of property owners within
the special district, there is hereby established a Board of Directors
which shall be composed of five persons who shall be property owners
within the district.
[Amended 12-21-2021 by L.L. No. 2-2021]
B.
The Board of Directors shall be appointed by the Mayor with the consent
of the City Council. At all times, the Directors shall be the persons
then serving as directors of the district's not-for-profit corporation,
the Interlaken Homeowners' Association. Each year following the annual
election of Directors, the Homeowners' association shall inform the
Mayor in writing of the names of the current board members.
C.
All Directors shall serve terms as determined by members of the Board.
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 prepare and present
to the City an annual special district proposed budget. The City shall
have authority to levy and collect annual assessments on property
within the district corresponding to the proposed budget, and to carry
out the duties necessary in specifying, contracting for and supervising
the services necessary to operate, maintain and repair the district's
water and sewer mains, sewer pumps, storm sewers, fire hydrants, streetlights
and rights-of-way to these facilities in perpetuity.
[Amended 12-21-2021 by L.L. No. 2-2021]
A.
"Special assessments" will mean a charge imposed upon benefited real
property within the district, and shall be levied equally upon the
property owners within the district, all of whom benefit equally from
the maintenance and repair services to be provided by the district.
The real properties involved are those 125 private units within the
boundaries of the proposed Interlaken Special Assessment District.
The assessments shall be liens upon the respective properties.
B.
The Board of Directors of the special district shall propose, and
the City shall have authority to determine and levy, the annual assessments
necessary to perform the operating, maintenance and repair functions
required within the district and shall assess and collect said amounts
from the property owners within the district.
[Amended 12-21-2021 by L.L. No. 2-2021]
C.
No municipal personnel or equipment shall be used for the ordinary
maintenance or repair of the district's property, and no special assessments
shall be levied by the district for any employment of municipal personnel
or equipment for such purpose. Should any emergency cause the City
of Saratoga Springs to operate, maintain or repair such facilities
within the district in order to protect the health, safety and welfare
of the residents, the City Council shall be empowered to levy special
assessments against the real property owners within said district
in an amount to be determined by the Commissioner of Public Works
so as to reimburse the Department of Public Works for all expense
incurred for such purpose. Such assessments shall be levied in proportion
to the extent the properties are benefited and shall be liens upon
the real properties within the district.
A.
A proposed annual budget for the special district shall be submitted
by the Board of Directors to the property owners within the district
and to the Commissioner of Finance of the City of Saratoga Springs
no later than 60 days prior to the beginning of the district's fiscal
year. Such proposed annual budget shall include recommendations of
municipal-type services to be performed during the coming year and
estimates of the costs of these services for the ensuing year. Any
surplus of funds at fiscal year end is to be applied to offset costs
in the next fiscal year.
B.
Such annual proposed special district budgets shall also include recommendations as to the funds and other sources of revenue against which the costs set forth in Subsection A of the section should be charged, including, but not limited to the following:
(1)
Funds to be received from assessments levied against properties within
the district by the Board of Directors according to the annual budget.
(2)
Funds to be received from special district revenues, such as earned
interest.
(3)
Funds to be utilized from capital reserves or operating reserve funds
previously allocated to meet unanticipated emergency repairs or replacement
of district equipment of facilities.
C.
Assessment; financing of costs; unexpended funds.
[Amended 12-21-2021 by L.L. No. 2-2021[1]]
(1)
When the City shall have approved, with or without modifications,
the proposed annual budget submitted by the Board of Directors for
the ensuing fiscal year, the City Assessor 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 procedures prescribed by this chapter
and the formula or formulae established by the City. The City Assessor
shall in all other respects comply with the Charter and ordinances
of the City and applicable laws of the State of New York.
(2)
Moneys appropriated and collected from such special assessments shall
be credited to a special district account.
(3)
The City is authorized to incur and finance specified costs of improvements,
operations and maintenance for the district during any succeeding
fiscal year if the City shall deem it to be in the interest of the
properties in the district, provided the amounts to be expended in
the succeeding fiscal year have been approved as part of the annual
special district budget and are to be collected during that succeeding
fiscal year.
(4)
Any balance to the credit of a special district account that remains
unexpended at the end of its fiscal year shall be conserved and applied
to the financial requirements of the succeeding fiscal year.
[1]
Editor's Note: This local law also repealed former Subsection
C, Payment.
[1]
Editor's Note: Former § 199-80, Receipt of additional
funds for replacement or repair of capital equipment and facilities,
was repealed 12-21-2021 by L.L. No. 2-2021.
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.
Nothing in this article is intended to modify, amend or change
the Interlaken Governing Documents (declaration of covenants, conditions
and restrictions, bylaws, and rules and regulations) or any rights
or obligations established by those documents.
