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HomeMy WebLinkAboutLocal Law 2 of 2012 - Tax Levy Override.pdf New York State Department of State Division of Corporations, State Records and Uniform Commercial Code One Commerce Plaza, 99 Washington Avenue Albany, NY 12231-0001 www.dos.state.ny.us/corps Local Law Filing (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. County City Town X Village (Select one:) of _____Village of Cayuga Heights____________________________________________ Local Law No. __2______ of the year 2012___ A local law (Insert Title) A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW §3-C Be it enacted by the ____Board of Trustees________________________________ of the (Name of Legislative Body) County City Town x Village (Select one:) of ______ Village of Cayuga Heights _____________________________________________ as follows: See Attached Page 1A (If additional space is needed, attach pages the same size as this sheet, and number each.) VILLAGE OF CAYUGA HEIGHTS PROPOSED LOCAL LAW 2 OF THE YEAR 2012 A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW §3-C Be it enacted by the Board of Trustees of the Village of Cayuga Heights as follows: Section 1 Legislative Intent: It is the intent of this local law to allow the Village of Cayuga Heights to adopt a budget for the fiscal year commencing in 2012 that requires a real property tax levy in excess of the tax levy limit as defined by General Municipal Law §3-c. Section 2 Authority: This local law is adopted pursuant to subdivision 5 of General Municipal Law §3-c which expressly authorizes a local governing body to override the property tax cap for the coming fiscal year by the adoption of a local law approved by a vote of sixty percent (60%) of said governing body. Section 3 Tax Levy Limit Override: The Board of Trustees of the Village of Cayuga Heights, County of Tompkins, is hereby authorized to adopt a budget for the fiscal year commencing in 2012 that requires a real property tax levy in excess of the amount otherwise prescribed in General Municipal Law §3-c. Section 4 Severability: If a court determines that any clause sentence paragraph subdivision or part of this local law or the application thereof to any person firm or corporation or circumstance is invalid or unconstitutional the court order or judgment shall not affect impair or invalidate the remainder of this local law but shall be confined in its operation to the clause sentence paragraph subdivision or part of this Local Law or in its application to the person individual firm or corporation or circumstance directly involved in the controversy in which such judgment or order shall be rendered. Section 5 Effective Date: This Local Law shall take effect immediately upon filing with the Secretary of State. Page 1A (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. __1_of 2012_ of the (County)(City)(Town)(Village) of Cayuga Heights was duly passed by the Board of Trustees on April 2, 2012_, in accordance with the applicable(Name of Legislative Body) provisions of law. 2. (Passable by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. ___ of 20 ___ of the (County)(City)(Town)(Village) of ___________ was duly passed by the on 20___, and was (approved) (not approved) (Name of Legislative Body) (repassed after disapproval) by the ___________________ and was deemed duly adopted on (Elective Chief Executive Officer*) on ______________________ 20____, in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. ___ of 20 ___ of the (County)(City)(Town)(Village) of ___________ was duly passed by the on 20___, and was (approved) (not approved) (Name of Legislative Body) (repassed after disapproval) by the ___________________ and was deemed duly adopted on (Elective Chief Executive Officer*) Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on ______________________ 20____, in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. _______ of 20 ____ of the (County)(City)(Town)(Village) of __________ was duly passed by the on 20___, and was (approved) (not approved) (Name of Legislative Body) (repassed after disapproval) by the __________________ on _________ 20____. Such local (Elective Chief Executive Officer*) law was subject to permissive referendum and no valid petition requesting such referendum was filed as of __________________ 20 ____, in accordance with the applicable provisions of law. *Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. ___of 20 ___ of the City of __________ having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on ________________ 20_____, became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No. ___ of 20 ___ of the County of _________State of New York, having been submitted to the electors at the General Election of November ______ 20 ____, pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph ________ above. ____________________________________ Clerk of the county legislative body, City, Town or Village Clerk or officer designated by local legislative body (SEAL) Date: _______________________________ (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF TOMPKINS I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. ___________________________________ Signature Village Attorney ___________ T i t l e - C o u n t y C i t y T o w n o f Village of Cayuga Heights ___ Village DATE: ________________________________________