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HomeMy WebLinkAboutSection 31 SECTION 31 New York State Department of State Division of Corporations,State Records and Uniform Commercial Code One Commerce Plaza,99 Washington Avenue Local Law Filing Albany,NY 12231-0001 www.dos.state.ny.us/corps (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. COUn CI TOWn Villa a STATE Of NEW YORK ❑ ty ❑ ty ❑ 9 DEPARTMENT OF STATE (Select one:) FILED of Newfield DEC 0 4 2012 Local Law No. 2 of the year 2012 MISCELlANE0U5 &STATE RECORDS A local law to override the tax levy limit established in General Municipal (Insert Title) Law 3-c for fiscal year 2013. Be it enacted by the Newfield Town Board of the (Name of Legislative Body) ❑County ❑City []Town ❑Village (Select one:) of Newfield as follows: Local Law No 2 of the year 2012 Town of Newfield, County of Tompkins A local law to override the tax levy limit established in General Municipal Law 3-c for fiscal year 2013. Section 1. Legislative Intent It is the intent of this local law to override the limit on the amount of real property taxes that may be levied by the Town of Newfield, County of Tompkins pursuant to General Municipal Law§3-c, and to allow the Town of Newfield, County of Tompkins to adopt a town budget for (a) town purposes (b( fire protection districts and (c) any other special or improvement district governed by the Town Board for the fiscal year 2013 that requires a real property ta) 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 the town board to override the tax levy limit by the adoption of a local law approved by vote of sixty percent (60%) of the town board. (If additional space is needed,attach pages the same size as this sheet,and number each.) DOS-0239-f-1 (Rev.02/10) Page 2 of 4 Town of Newfield Page 2 ___=ion 3. Tax Levy Limit Override The Town Board of the Town of Newfield, County of Tompkins is hereby authorized to adopt a budget for fiscal year 2013 that requires a real property tax levy in excess of the limit specified in General Municipal Law, §3-c. Section 4. Severability. If any clause, sentence, paragraph, subdivision, or part of this Local Law or the application thereof to any person, firm or corporation, or circumstance, shall be adjusted by any court of compentent jurisdiction to be invalid or unconstitutional, such order or judgement shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision,or part of this Local Law or its application to the person, individual,firm or corporation or circumstance, directly invloved in the controversy in shich such judgement or order shall be rendered. Section 5. Effective date. This local law shall take effect immediately upon filing with the Secretary of State. TOWN OF NEWFIELD Karen Miller Kenerson, RMC TOWN CLERK 166 MAIN ST. NEWFIELD NY 14867 PHONE: 607-564-9981 FAX: 607-564-7329 November 28, 2012 At the regular meeting of the Newfield Town Board held on Thursday, November 8. 2012 motion was made by Council Person James to entertain Local Law No. 2-2012, and seconded by Council Person Powers The proposed Local Law reads as follow: Local Law No. 2 of the year 2012 Town of Newfield, County of Tompkins A local law to override the tax levy limit established in General Municipal Law 3-c for fiscal year 2013. Section 1. Legislative Intent It is the intent of this local law to override the limit on the amount of real property taxes that may be levied by the Town of Newfield, County of Tompkins pursuant to General Municipal Law § 3- c, and to allow the Town of Newfield, County of Tompkins to adopt a town budget for (a) town purposes (b) fire protection districts and (c) any other special or improvement district governed by the Town Board for the fiscal year 2013 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 the town board to override the tax levy limit by the adoption of a local law approved by vote of sixty percent(6096) of the town board. Section 3. Tax Levy Limit Override The Town Board of the Town of Newfield, County of Tompkins is hereby authorized to adopt a budget for the fiscal year 2013 that requires a real property tax levy in excess of the limit specified in General Municipal Law, §3-c. Section 4. Severability. If any clause, sentence, paragraph, subdivision, or part of this Local Law or the application thereof to any person, firm or corporation, or circumstance, shall be adjusted by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, 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. Vote: Councilperson Trask: NAYE, Councilperson James: AYE, Councilperson James: NAYE, Councilperson Powers:AYE, Supervisor Driscoll. Motion passed. it I, Karen Miller Kenerson, Town Clerk for the Town of Newfield, Tompkins County, New York, do certify that the above is a true copy of a resolution made by the Town Board for the Town of Newfield at a regular meeting held on Thursday, November 8, 2012. 41\-(2-'h Karen Miller Kenerson November 28, 2012, Town Clerk (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) (Final adoption by local legislative body only.) nereby certify that the local law annexed hereto, designated as local law No. 2 of 2012 of th )unty)(City)(Town)(Village)of Newfield was duly passed by the on November 8, 20 12 , in accordance with the applicable (Name of Legislative Body) Town Board provisions of law. 2. (Passage 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 (Elective Chief Executive Ofcer*) on 201 1 (, in accordance w ith 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) "`lame of Legislative Body) repassed after disapproval)by the on 20 (Elective Chief Executive Officer*) 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 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 sted with the power to approve or veto local laws or ordinances. DOS-0239-f-1 (Rev.02/10) Page 3 of 4 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. 2 of 2012 of the County of Tompkins State of New York, having been submitted to the electors at the General Election of November 8 20 12 , 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 (Sear) Date: November 21, 2012 DOS-0239-f-1 (Rev.06/12) Page 4 of 4