HomeMy WebLinkAbout2021 - Local Law No. 3 of 2021 - Increase Term Lengths for Supervisor, Town Clerk, Highway Superintendent from 2 to 4 years1
TOWN OF CORTLANDVILLE
TOWN BOARD MEETING – APPROVAL – JULY 7, 2021
APPROVED AT THE NOVEMBER 2, 2021 GENERAL ELECTION BY REFERENDUM
TOWN BORD MEETING – CONFIRMED – DECEMBER 1, 2021
FILED WITH THE STATE EFFECTIVE DECEMBER 9, 2021
RESOLUTION #329 CONFIRM ADOPTION AND APPROVAL OF LOCAL LAW
NO. 3 OF 2021, “A LOCAL LAW INCREASING THE TERM OF
OFFICE FROM TWO YEARS TO FOUR YEARS FOR THE
TOWN SUPERVISOR, TOWN CLERK/COLLECTOR AND
TOWN HIGHWAY SUPERINTENDENT OF THE TOWN OF
CORTLANDVILLE”
Motion by Councilman Guido
Seconded by Councilman Cobb
VOTES: Supervisor Williams Aye
Councilman Cobb Aye
Councilman Guido Aye
Councilman Testa Aye
Councilman Withey Absent
ADOPTED
WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a
public hearing to be held by said Board to hear all interested parties on a proposed Local Law of 2021,
“A Local Law Increasing the Term of Office from Two Years to Four Years for the Town Supervisor,
Town Clerk/Collector, and Town Highway Superintendent of the Town of Cortlandville”, and
WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the official
newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building, 3577 Terrace
Road, Cortland, New York, as required by law, and
WHEREAS, said public hearing was duly held and all parties in attendance were permitted an
opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof,
and
WHEREAS, on July 7, 2021 by Resolution #188, the Town Board of the Town of Cortlandville,
after due deliberation, found it in the best interest of the Town to adopt said Local Law as a Local
Law of 2021, “A Local Law Increasing the Term of Office from Two Years to Four Years for the
Town Supervisor, Town Clerk/Collector, and Town Highway Superintendent of the Town of
Cortlandville”, subject to Mandatory Referendum at the November 2, 2021 General Election, and
filing of said Local Law with the Secretary of State after approval of a majority of the electors voting
thereon, and
WHEREAS, there were three propositions on the November 2, 2021 General Election ballot that were
approved by the electors of the Town of Cortlandville to increase the term of office from two years
to four years for the Town Supervisor, Town Clerk/Collector, and Town Highway Superintendent
with votes recorded as follows:
Town Supervisor: Yes 862 No 852
Town Clerk/Collector: Yes 1002 No 716
Town Highway Superintendent: Yes 1001 No 717
NOW, THEREFORE, BE IT RESOLVED, the Town Board of the Town of Cortlandville hereby
confirms the adoption and approval of Local Law No. 3 of 2021, “A Local Law Increasing the Term
of Office from Two Years to Four Years for the Town Supervisor, Town Clerk/Collector, and Town
Highway Superintendent of the Town of Cortlandville”.
Be it enacted by the Town Board of the Town of Cortlandville as follows:
Section 1: Statutory Authority:
This local law is adopted pursuant to the provisions of the Municipal Home Rule Law of the State
of New York.
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Section 2: Term for Town Supervisor:
The term of office of the elective Town Supervisor of the Town of Cortlandville shall be four (4)
years. Such four-year term shall commence on the first day of January following the first biennial
town election after the effective date of this chapter.
Section 3: Term for Town Clerk/Collector:
The term of office of the elective Town Clerk/Collector of the Town of Cortlandville shall be four
(4) years. Such four-year term shall commence on the first day of January following the first
biennial town election after the effective date of this chapter.
Section 4: Term for Town Highway Superintendent:
The term of office of the elective Town Highway Superintendent of the Town of Cortlandville
shall be four (4) years. Such four-year term shall commence on the first day of January following
the first biennial town election after the effective date of this chapter.
Section 5: Election
At the biennial town election next following the effective date of this chapter, and every four (4)
years thereafter, the Town Supervisor, Town Clerk/Collector and Town Highway Superintendent
shall be elected for a term of four (4) years.
Section 6: Supersession of Statutory Provisions:
This Local Law shall supersede, in its application to the Town of Cortlandville, §24 of the Town
Law, with respect to the term of office of the elective Town Supervisor, Town Clerk/Collector and
Town Highway Superintendent.
Section 7: Approval at referendum:
Propositions authorizing this Local Law extending the terms of office of the elective Town
Supervisor, Town Clerk/Collector and Town Highway Superintendent to a four (4) year term were
approved by the electors of the Town of Cortlandville at a biennial town election held on
November 2, 2021, not less than sixty (60) days after the adoption of resolutions by the Town
Board of the Town of Cortlandville authorizing this Local Law.
Section 8: Severability:
If any part or provision of this Local Law or the application thereof to any person or circumstance
be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its
operation to the part or provision or application directly involved in the controversy in which such
judgment shall have been rendered and shall not affect or impair the validity of the remainder of
this Local Law or the application thereof to other persons or circumstances, and the Town Board
of the Town of Cortlandville hereby declares that it would have passed this Local Law or the
remainder thereof had such invalid application or invalid provision been apparent.
Section 9: Repeal:
All ordinances, local laws, and parts thereof inconsistent with this Local Law are hereby repealed.
Section 10: When effective:
This Local Law shall take effect immediately upon filing with the Secretary of State.