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HomeMy WebLinkAboutLL 07 of 2016 Tax Cap Override for 2017STATE OF NEW YORK ^ DEPARTMENT OF STATE One Commerce Plaza 99 WAJS.HiNGTON_AVENUE Albany, NY 12231-0001 WWW.DOS.Ny.GOV Andrew M. Cuomo Governor ROSSANA ROSADO Secretary of State July 19, 2016 Debra DeAugistine Deputy Town Clerk 215 N. Tioga Street Ithaca NY 14850 RE: Town of Ithaca, Local Law 7 2016, filed on July 19, 2016 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 NEW YORK STATE OF OPPORTUNITY, Department of State 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 ncity □Town □Village (Select one:) of Ithaca Local Law No. 7 of the year 2016 A local law Override the Tax Levy Limit Established in General Municipal Law §3-0 (Insert Title) Be It enacted by the Town Board of the (Name of Legislative Body) □County □City □Town □Village (Select one:) of Ithaca as follows: See attached. (if additional space is needed, attach pages the same size as this sheet, and number each.) (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not appiicable.) 1. (Final adoption by iocal legisiative body only.) I hereby certify that the local law annexed hereto, designated as local law No. Z of 20"*^ the (County)(City)(Town)(Village) of was duly passed by the Town Board on 20 in accordance with the applicable (Name of Legislative Body) 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 Officer") on 20| I I, 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 approv''*^ (Name of Legislative Body) (repassed after disapproval) by the on 20 . (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 fiied 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 Legisiative 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 ''^'^Clty of having been submitted to referendum pursuant to the provisions of section (36)(37) of Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting eon at the (speclal)(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^ file In this office and that the same Is a correct transcript therefrom and of the whole of such original local law, apd^ras fi nally^ adopted In the manner Indicated In paragraph J , above. Clerk of the counTy legislative body, City, Town or Village Clerk or officer designated by local/egislative body (Seal) Date; Adopted July 11, 2016 TOWN OF ITHACA LOCAL LAW NO. 7 FOR THE YEAR 2016 A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW §3-C Be it enacted by the Town Board of the Town of Ithaca as follows: 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 Ithaca, County of Tompkins pursuant to General Municipal Law §3-c, and to allow the Town of Ithaca, County of Tompkins to adopt a town budget for (a) town purposes, (b) fire protection districts, and (c) any other special or improvement district, and Town improvements provided pursuant to Town Law Article 12-C, governed by the Town Board for the fiscal year beginning January 1, 2017 and ending December 31, 2017 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 at least sixty percent (60%) of the Town Board. Section 3. Tax Levy Limit Override: The Town Board of the Town of Ithaca, County of Tompkins is hereby authorized to adopt a budget for the fiscal year 2017 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.