RESOLUTIONNo. Ml of 2014 INTRODUCING PROPOSED LOCAL LAW NO. *i OF 2014 ENTITLED, "A LOCAL LAW AUTHORIZING A PROPERTY TAX LEVY INEXCESS OF THE LIMIT ESTABLISHED INGENERAL MUNICIPAL LAW SECTION 3-c" AND TO SCHEDULE A PUBLIC HEARING ON SAID LOCAL LAW AND TO AUTHORIZE PUBLICATION OF NOTICE OF SAID PUBLIC HEARING At a regular meeting of the Town Board of the Town of Amenia, held at the Amenia Town Hall on the ~ÿclay of September, 2014, at 7:00 p.m., Town Supervisor, Victoria Perotti called the meeting to order, and V), _, seconded by Councilwoman/Councilman S. _,introduced the following Local Law to be known as Proposed Local Law No. of 2014, entitled, "A Local Law Authorizing a Property Tax Levy in Excess of the Limit Established in General Municipal Law Section 3-c"; NOW, THEREFORE, BE IT ENACTED by the Town Board of the Town of Amenia as follows: Section 1. Statement of Purpose and Intent. The Town Board of Town of Amenia ("the Town Board") desires to adopt a Town budget for fiscal year 2015 to meet expenditures necessary, appropriate, and in the best interests of the Town and which wiftftfeflly necessitate a property tax levy in excess of the "tax levy limit" as defined by General Municipal Law 3-c. Section 2. Tax Levy Limit Override Pursuant to General Municipal Law 3-c (5), the Town Board adopts the local law as annexed hereto as Attachment A authorizing a property tax levy in excess of the limit established in General Municipal Law 3-c. Section 3. Supersession. Pursuant to New York State Municipal Home Rule Law, the provisions of this law are 1
intended to supersede any inconsistent provisions of State or local law. Section 4. Effective Date. The local law shall take effect immediately upon filing with the New York State Secretary of State. Pursuant to the Municipal Home Rule Law of the State of New York, it is necessary to hold a public hearing on this local law. \J - PjLACrtÿ _ offered the following resolution, which was seconded by Councilman/Councilwoman_, who moved its adoption: WHEREAS, on September o<ÿ5", 2014, the Town Board introduced this proposed local law for the Town of Amenia, to be known as Town of Amenia Proposed Local Law No. of 2014, entitled "A Local Law Authorizing a Property Tax Levy in Excess of the Limit Established in General Municipal Law Section 3-c"; NOW, THEREFORE, BE IT RESOLVED, that a public hearing be held in relation to said proposed local law as set forth in the form of notice hereinafter provided, at which hearing parties in interest and citizens shall have an opportunity to be heard, to be held at the Town Hall on October 2014, at 7:00 o'clock p.m., and that notice of said hearing shall be published in the official newspaper of general circulation in the Town of Amenia by the Town Clerk, at least five (5) days before such hearing, and that such notice shall be in the following form: (Balance of Page Intentionally Left Blank) 2
NOTICE OF PUBLIC HEARING TAKE NOTICE that the Town Board of the Town of Amenia will hold a public hearing at the Town Hall, 4988 Route 22, Amenia, New York on October Cj,2014 at 7:00 o'clock p.m., on Proposed Local Law No. of 2014, entitled "A Local Law Authorizing a Property Tax Levy in Excess of the Limit Established in General Municipal Law Section 3-c"; TAKE FURTHER NOTICE, that copies of the aforesaid proposed local law will be available for examination at the Town of Amenia Town Hall, 4988 Route 22, Amenia, New York, during normal business hours on all business days between the date of this notice and the date of the public hearing; TAKE FURTHER NOTICE, that all persons interested and citizens shall have an opportunity to be heard on said proposal at the time and place aforesaid. DATED: Amenia, New York as,20" ÿu(vv6uv4 DAWN MARIE KLINGNER, TOWN CLERK 3
ATTACHMENT A OÿJLOCAL LAW NO. _ j_ OF THE YEAR 2014 A LOCAL LAW AUTHORIZING A PROPERTY TAX LEVY INEXCESS OF THE LIMIT ESTABLISHED INGENERAL MUNICIPAL LAW SECTION 3-c Be it enacted by the Town Board of the Town of Amenia ("Town Board") as follows: Section 1. Legislative Intent. It is the intent of this local law to allow the Town of Amenia to adopt a budget for the fiscal year commencing January 1, 2015 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 government's 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 (60) percent of the governing body. Section 3. Tax Levy Limit Override. The Town Board of the Town of Amenia, County of Dutchess, State of New York, is hereby authorized to adopt a budget for the fiscal year commencing January 1, 2015 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's 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. 5
The foregoing resolution was voted upon with all councilwomen/councilmen voting as follows: Supervisor Perotti Councilwoman Doyle YesiÿcTÿ Yes <ÿoÿ Councilwoman Hitselberger Yes 8fT) Councilman Perotti Councilman Delango Yes ijoÿ YesfSoÿj /<ka: - DATED: Amenia, New Ycjrk September o?d,2014 DA ARIE KLINGNER, TO 4