You are on page 1of 5

Local Law Filing NEW YORK STATE DEPARTMENT OF STATE

One Commerce Plaza, 99 Washington Avenue


Albany, NY 12231-0001
(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
City
of Ovid
Town
Village
Local Law No. ___1____of the year 2017.

A local law to override the tax levy limit established in General Municipal Law 3-c
(Insert Title)

Be it enacted by the Town Board of the


(Name of Legislative Body)
County
City
of Ovid as Follows
Town
Village

Section 1. Legislative Intent

It is the intent of this local law to allow the Town of Ovid to adopt a budget for the fiscal year
commencing January 1, 2018, that requires a real property tax levy in excess of the tax levy limit as
defined by General Municipal Law 3-c. The Town of Ovid is concerned about uncertainties in the
existing tax cap law, including how expenditures mandated by law and expenditures and revenues
controlled by the county and state interact with the tax cap, as well as increasing costs over which the
towns control is limited. The town board is accountable to prepare a responsible budget, which meets
the Towns obligations and provides beneficial services, while minimizing the tax burden. The New
York State Comptroller has announced that, absent an override, the town must abide by a 1.84 percent
tax cap for the 2018 fiscal year.
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 property tax cap for the coming fiscal year by the adoption of
a local law approved by a vote of sixty percent (60%) of the Town Board.

Section 3. Tax Levy Limit Override

The Town Board of the Town of Ovid, County of Seneca, State of New York, is hereby authorized to
adopt a budget for the fiscal year commencing January 1, 2018, that requires a real property tax levy in
excess of the amount otherwise prescribed in General Municipal Law 3-c.

(If additional space is needed, attach pages the same size as this sheet and number each.)
DOS-239 (Rev. 06/12)
Page 1
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 courts 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.

(If additional space is needed, attach pages the same size as this sheet and number each.)
DOS-239 (Rev. 06/12)
Page 2
(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. __1____ of 2017 of the
(County)(City)(Town)(Village) of Ovid was duly passed by the Town Board on the _____ day of
__________, 2017, in accordance with the applicable 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 200__ of the
(County)(City)(Town)(Village) of was duly passed by the
on , 20 , and was (approved)(not approved)(repassed after
(Name of Legislative Body)
disapproval) by the and was deemed duly adopted on ,
(Elective Chief Executive Officer*)
in accordance with 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 disapproved)(repassed
(Name of Legislative Body)
after disapproval) by the _________________________ on _______________, 20____. Such local law
(Elective Chief Executive Officer*)
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 2002 of the
(County)(City)(Town)(Village) of ______________ ___________________ was duly passed by the
______ ________________ on _________ ___, 20_ _, and was (approved)(not
(Name of Legislative Body)
disapproved)(repassed after disapproval) by the _______ _ on _____ _____,
(Elective Chief Executive Officer*)
20__. Such local 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 chairman 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.

(If additional space is needed, attach pages the same size as this sheet and number each.)
DOS-239 (Rev. 06/12)
Page 3
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 _______________, 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 of 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 1, above.

Clerk of the County legislative body, City, Town or Village Clerk


or officer designated by local legislative body
(Seal)

Date:

(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village


Attorney or other authorized Attorney or locality.)

STATE OF NEW YORK


COUNTY OF SENECA

I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper
proceedings have been had or taken for the enactment of the local law annexed hereto.

Signature Steven J. Getman

Title: Attorney

Town of Ovid

Date:

(If additional space is needed, attach pages the same size as this sheet and number each.)
DOS-239 (Rev. 06/12)
Page 4
Local Law Filing Instructions
PLEASE OBSERVE THESE RULES FOR
FILING LOCAL LAWS WITH THE SECRETARY OF STATE:

1. Each local law shall be filed with the Secretary of State within 20 days after its final
adoption of approval as required by section 27 of the Municipal Home Rule Law. The
cited statute provides that a local law shall not become effective before it is filed in the
office of the Secretary of State.

2. Each local law to be filed with the Secretary of State shall be an original.

3. Each local law shall be filed on a form provided by the Department of State, as attached
hereto. In case additional pages are required, they must be on the same letter size as the
form provided. For convenience, printed, mimeographed or typewritten copies of the
local law may be pasted on the form, but these must not be of a size larger than the form
and printing must be on only one side of the sheet. Only true and legible copies will be
accepted for filing.

4. ONLY THE NUMBER, TITLE AND TEXT OF THE LOCAL LAW SHALL BE FILED. In
case of a local law amending a previously enacted local law or ordinance, the text must be
that of the law as amended. Do not include in copy parts of old law to be omitted.

5. For the purpose of filing with the Secretary of State, number local laws consecutively,
and start with the number one in each calendar year. It is suggested that introductory
identifying numbers be used while a proposed local law is being considered.

6. Each copy of a local law filed with the Secretary of State shall have affixed to it a
certification by the Clerk of the County legislative body or the City, Town or Village Clerk
or other officer designated by the local legislative body. There shall also be attached or
annexed thereto a certification executed by the County Attorney, Corporation Counsel,
Town Attorney, Village Attorney or other authorized attorney that the local law contains
the correct text and that all proper proceedings have been had or taken for its enactment.
Certification forms are provided herewith.

7. For filing purposes, local laws shall be mailed or delivered as follows:

An original for the Secretary of State:

State Records Unit


Department of State
One Commerce Plaza, 99 Washington Ave.
Albany, NY 12231

(DO NOT FILE THIS INSTRUCTION SHEET WITH THE LOCAL LAW.)

(If additional space is needed, attach pages the same size as this sheet and number each.)
DOS-239 (Rev. 06/12)
Page 5

You might also like