Local Law No 3 of the year 2013

 

Local Law No 3 of the year 2013

Town of Plattsburgh, County of Clinton

 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 Plattsburgh 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 Plattsburgh pursuant to General Municipal Law § 3-c, and to allow the Town of Plattsburgh to adopt a budget for the fiscal year 2013 that requires a real property tax levy in excess of the “tax levy limit” as defined by General Municipal Law § 3-c.

 

The Town’s Highway Department has been budgeted using over one million dollars, $1,000,000.00 of sales tax revenue for a period of time.  This revenue is not predictable or dependable and it is the Town Board’s decision to better align the Highway tax to reflect Department needs ending its dependency on sales tax revenue.  An increase in the current seventy cent, $.70, tax levy will bring the municipality above this year’s 1.66% limit.  This adjustment should be a singular event with future increases remaining below the tax cap.

 

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 cap by the adoption of a local law approved by vote of sixty percent (60%) of the Town Board.

 

Section 3. Tax Levy Limit Override

 

The Town Board of the Town of Plattsburgh, County of Clinton is hereby authorized to adopt a budget for the fiscal year 2014 that requires a real property tax levy in excess of the amount otherwise proscribed 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.

 

Adopted by the Town Board on this _______ day of   ________, 2013.