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HomeMy WebLinkAboutLL 01 of 2015 Gift to City for ParksAndrew M. Cuomo Governor State of New York Department of State One Commerce Plaza 99 Washington Avenue Albany, NY 12231-0001 Cesar A. Perales Secretary of State Debra DeAugistine Deputy Town Clerk 215 N Tioga Street Ithaca NY 14850 February 18, 2015 RE: Town of Ithaca, Local Law 1 2015, filed on February 17, 2015 Dear Sir/Madam: The above referenced material was filed by this office as indicated. Additional local law filing forms can be obtained from our website, www.dos.nv.aov. Sincerely, State Records and Law Bureau (518)473-2492 WWW.DOS.NY^GOV E-mail: iNFO(gDOS.NY.GOV Local Law Filing 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 (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 GCIty [x]Town GVIIIage (Select one:) of Ithaca Local Law No. 1 of the year 2015 A local law ^ Authorizing a Monetary Gift to the City of Ithaca to Support Cass Park (Insert Title) and Stewart Park Recreational Facilities Be It enacted by the Town Board of the (Name of Legislative Body) □County GCIty GTown GVIIIage (Select one:) of Ithaca as follows: See attached. (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-0239-f-l (Rev. 06/12)Page 2 of4 (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. the (County)(City)(Town)(Village) of Town Board on February 9 (Name of Legislative Body) provisions of law. 1 .2015 of 20^5 of was duly passed by the in accordance with the applicable 2. (Passage by local legislative body with approvai, 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 (Name of Legislative Body) (repassed after disapproval) by the. on on.20 (Elective Chief Executive Officer*) , in accordance w ith the applicable provisions of law. 20 , and was (approved)(not approved) and was deemed duly adopted 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. the (County)(City)(Town)(Village) of on of 20.of was duly passed by the 20 . and was (approved)(not approvecp*^ .on .20 (Name of Legislative Body) (repassed after disapproval) by the (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) 20 . Such local.on (Name of Legislative Body) (repassed after disapproval) by the (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. DOS-0239-f-l (Rev. 06/12)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 of 20 of the County of estate 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 originaheffHile in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and>wa^nalW^dopted in.the manner indicated in paragraph J , above. V/ vTy^. (Seal) Clerk of iFfe county legislative body, City, Town or Village Clerk or officer designated by local legislative body Date: DOS-0239-f-l (Rev. 06/12) Page 4 of 4 Adopted January 9, 2015 TOWN OF ITHACA LOCAL LAW NO. 1 OF THE YEAR 2015 A LOCAL LAW AUTHORIZING A MONETARY GIFT TO THE CITY OF ITHACA TO SUPPORT CASS PARK AND STEWART PARK RECREATIONAL FACILITIES Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Authorization. This local law is adopted pursuant to New York Municipal Home Rule Law §10(1)(i), which grants local governments the power to adopt local laws not inconsistent with the New York State Constitution or any general law, relating to their property, affairs or government. The New York State Constitution, Article VIII, §1 does not prohibit municipalities from making gifts to or in aid of public entities for public purposes. Section 2. Purpose. The purpose of this local law is to authorize the Town of Ithaca to make a gift to the City of Ithaca to support the City’s Cass Park pool and skating rink, and the City’s recreational facilities at Stewart Park. The Town of Ithaca intends to give the City of Ithaca Eighty-Three Thousand Six Hundred Twenty Dollars ($83,620) in 2015 to support these facilities, which are used by Town of Ithaca residents and serve a Town of Ithaca public purpose. In exchange, the City of Ithaca will offer Town of Ithaca residents a discount on recreation programs that is anticipated to save Town of Ithaca residents approximately Thirty-Eight Thousand Dollars ($38,000). This law authorizes the Town of Ithaca to make a gift to the City of Ithaca to the extent the Town’s payments to the City exceed the monetary benefit of the discounts received by Town residents. Section 3. Gift to City of Ithaca. Upon execution of a Memorandum of Understanding between the Town of Ithaca and the City of Ithaca, the Town of Ithaca is authorized to make a gift to the City of Ithaca, pursuant to the Memorandum of Understanding’s terms, in the amount and for the purposes described in Section 2 above. Section 4. Partial Invalidity. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 5. Effective Date. This local law shall take effect immediately upon its filing with the New York Secretary of State.