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FEB-24-06 01:08PM FROM- T-875 P.002/007 F-569
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
Local Law FiUng ALBANY. NV 12231
(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^^ii|atiFj^||yii|g|^aUcs or
underlining to indicate new matter. r- ''^^^^^^m
FILE!)
m K ^ r ClAY 16 2006
Town IVlL^r^j s ^.
Local Law No. J . ofthe year 2o22
A local law amending CHAPTER 205 entitled 'TAXATION", a new article number entitled 'ARTICLE VII-
VOUUNTEER F I R I R G H V E R S AND VOLUNTEER AMBULANCE WORKERS EXEMPTION' to the
Code of the Town of Clay.
Beitenactedbythe Town Board ^fthe
(Name ofLegislaUvn Mudy)
^ of ^ . -• ,-. . as foUows:
Town
Said Local Law amendment of Chapter 205 to read as follows: (See Attached)
(If additional space is needed, attach pagei$ the same size as this sbeet, and nuinber each.)
DOS-239 (Rev. 11/99) P&QQ 1 o f 3
LOCAL LAW NO. 1 OF THE YEAR 2006 TOWN OF CLAY
A LOCAL LAW AMENDING CHAPTER 205 ENTITLED "TAXATION" ADDING A NEW ARTICLE
NUMBER ENTITLED 'ARTICLE VII - VOLUNTEER FIREFIGHTERS AND VOLUNTEER
AMBULANCE WORKERS EXEMPTION' TO THE CODE OF THE TOWN OF CLAY
IT IS ENACTED by the Town Board of the Town of Clay, County of Onondaga as follows:
SECTION 1. ADDING TO CHAPTER 205 ENTITLED "TAXATION" A NEW ARTICLE
NUMBER ENTITLED 'ARTICLE VII - VOLUNTEER FIREFIGHTERS AND VOLUNTEER
AMBULANCE WORKERS EXEMPTION' TO THE TOWN OF CLAY MUNICIPAL CODE.
Adding a new Article to Chapter 205 entitled "ARTICLE VII - VOLUNTEER
FIREFIGHTERS AND VOLUNTEER AMBULANCE WORKERS EXEMPTION' to the
Code of the Town of Clay. The purpose of this local law is to provide for a partial
exemption from taxation to members of volunteer fire companies and voluntary
ambulance services of the Town of Clay as provided in Section 466-g of the Real
Property Tax Law of the State of New York. Said Local Law is to read as follows:
§ 205.29 VOLUNTEER FIREFIGHTERS AND VOLUNTEER AMBULANCE § 205-33
WORKERS EXEMPTION LOCAL LAW
A R T I C L E VII
Exemption for Volunteer Firefighters and Volunteer A m b u l a n c e W o r k e r s
§205-29. Title.
This article shall be known as the "Volunteer Firefighters and Volunteer Ambulance Workers
Exemption Law of the Town of Clay."
§205-30. Purpose.
The purpose of this Article is to provide for an exemption from taxation to members of volunteer fire
companies and volunteer ambulance services of the Town of Clay as provided in Section 466-g of
the Real Property Tax Law of the State of New York.
§205-31. Definitions.
The meanings of words and expressions as used in this article shall be identical to their meanings as
used in § 466-g of the Real Property Tax Law of the State of New York and further for the purpose of
this local law the term "enrolled member" shall mean an individual who would be eligible for a service
award program using the criteria for such service award programs set forth in Section 217 or Section
219-e of the General Municipal Law, which criteria, as in effect on the date of enactment of this local
law and made a part hereof.
§ 205-32. Granting of exemption.
Real property, which is the primary residence of and owned by an enrolled member of an
incorporated volunteer fire company, fire department or incorporated voluntary ambulance service or
such enrolled member and spouse residing in the Town of Clay shall be exempt from taxation to the
extent of ten percent (10%) ofthe assessed value of such property for Town purposes only, exclusive
of special assessments, provided, however, that such exemption shall under no circumstances
exceed three thousand dollars ($3,000.00) multiplied by the latest State equalization rate for the
assessing unit in which such real property is located.
§ 205-33. Applicability.
That each incorporated volunteer fire company, fire department or incorporated volunteer ambulance
service within the Town of Clay service shall submit to the assessor within the Town of Clay, in which
each such applicant must reside, a completed list of enrolled members, with their respective dates of
service with such incorporated volunteer fire company, fire department or incorporated volunteer
ambulance service and the assessor shall then review all applicants and certify those applicants who
meet the necessary criteria to be eligible for this exemption.
1-
205.34 VOLUNTEER FIREFIGHTERS AND VOLUNTEER AMBULANCE § 205-35
WORKERS EXEMPTION LOCAL LAW
§ 205.34 Restrictions.
Such exemption shall not be granted to an enrolled member of an incorporated volunteer fire
company, fire department or incorporated voluntary ambulance service residing in the Town, unless
the following conditions are met:
A. The applicant for such exemption resides in the Town of Clay; which is served by such
incorporated volunteer fire company, fire department, or incorporated volunteer ambulance
service;
B. The property on which the exemption is claimed is the primary residence of the applicant;
C. The property is used exclusively for the applicant's residential purposes; provided, however,
that in the event any portion of such property is not used exclusively as the applicant's
residence but is used for other purposes, such portion not used as residence shall be subject
to taxation and the remaining portion only shall be entitled to the entitled to the exemption
provided for in this Local Law;
D. The applicant has completed five (5) years of active service as an enrolled member with an
incorporated volunteer fire, fire department or incorporated volunteer ambulance service as
certified company as an enrolled member of such incorporated voluntary ambulance for at
least five (5) years. Such certification shall be in the form of a letter on volunteer fire
company, fire department or incorporated ambulance services letterhead, as applicable,
signed by the senior officer.
E. That application for such exemption shall be filed annually with the assessor of the Town of
Clay on or before the annual taxable status date for that municipality on a form as prescribed
by the State Board of Equalization and Assessment.
§ 205.35 Special exemption for twenty (20) years service.
Any enrolled member of an incorporated volunteer fire company, fire department or incorporated
voluntary ambulance service who accrues more than twenty (20) years of active service and is so
certified by the Town of Clay having jurisdiction for the incorporated volunteer fire company, fire
department or incorporated voluntary ambulance service, shall be granted the ten (10%) percent
exemption as authorized by this Section for the remainder of his or her life as long as his or her
primary residence is located within the Town of Clay, exclusive of special assessments, provided
further, however, that such exemption shall in no event exceed three thousand dollars ($3,000.00)
multiplied by the latest state equalization rate for the assessing unit in which such real property is
located
§ 205.36 VOLUNTEER FIREFIGHTERS AND VOLUNTEER AMBULANCE § 205-38
WORKERS EXEMPTION LOCAL LAW
§ 205.36 No diminution of benefits.
No applicant who is a volunteer firefighter or volunteer ambulance worker who by reason of such status is receiving any benefit under the provisions of this Article Four of the Real Property Tax Law on the effective date of this Section shall not suffer any diminution of such benefit because of the provisions of this Article. § 205.37 Taxable assessed value. That in accordance with Section 844 of the New York State Real Property Tax Law, this Town Board hereby designates that the exemption enacted by this local law shall be included in the total valuation for purposes of calculating the taxable assessed value in the Town of Clay, § 205.38 Effective Date This local iaw shall take effect immediately upon filing with the Secretary of State and shall apply to real property having a taxable status on or after the first day of January next succeeding the date on which this local law shall have become law and shall expire and not apply to property having a taxable status date after January 1, 2011 without further action
SECTION 2. UNCONSTITUTIONAUTY OR ILLEGALITY
If any clause, sentence, paragraph, word, section or part of this Interim Ordinance shall be
adjudged by any Court of competent jurisdiction to be unconstitutional, illegal, or invalid, such
judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined to its
operation to the clause, sentence, paragraph, word, section or part thereof directly involved in the
controversy in which such judgment shall have been rendered.
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FEB-24-06 01:08PM FROM- T-875 P.003/007 F-569
(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. J of 20 j ! z of
the fCi(ii6^^«X^(Town)90>lJfi^ of _Clav ^ . was duly passed by Uie
Town Board ^ on January 18. 205§ . in accordance witli the applicable
(Name ofLegisiative iM/y)
provisions of law.
2, (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
ChiefExecutive Officer* )
I hereby certify that the local law annexed hereto, designated as local law Ko. « of 20 of
the (County)(City)(Town)(Village) of was duly passed by lihe
, ^ on 20 , and was (approved)( not approved)
(Name ofLegislaftvc Bntfy)
(repassed after disapproval)
dis by the and was deemed duly adopted
^ ri- ^ ^ (E/ocrivT Chief l^xennive Officer")
On 20 ., in accordance with the apphcable provisions oflaw.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
tlie CCounty)(City)(Town)(Village) of . was duly passed by the
^ ^ - . on 20 , and was (approved)( not approved)
{Name ofle^skiivc Body)
(repassed after disapproval) by the . ^ .—. . on 20
^ f£l^f,iygChl^ Executive QJPc<:rV
Such local law was submitted to the people by reason ofa (mandatory)(permissive) referendum, and received the affirmative
vote ofa majority ofthe qualified electors voting thereon at the (general) (special)(annual) election held on .
20 . in accordance with the applicable provisions oflaw.
4. (Subject to permissive referendum and final adoption because no valid petition wasflledrequesting 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)
(repassed after disapproval) bylhe , on 20 Suchlocal
^ (E}cctiyaChi4Execuiive Officer*)
law was subject to permissive referendum and no valid petition requesting such referendum was filed as of
20 , in accordance with the apphcable provisions of law.
* Elective ChiefExecutive OffiMr means or includes ihe chief executive officer Of a county elected on a coxinty-widc basis or, if therebe rtone,
the chairperson of die county leflislative body, tho mayor of a cjry or yillasc, or the supervlsoi* of a town wiiere sue]) officer is vested with ihc
pDw£r to approve or veto local Uwi; or ordinances,
POS-239 (REV. 1 UM) P a g « Z Of 3 5, (City local law conceming Charter revlsloD proposed by petition.) I hereby certi^ that the local law annexed hereto, designated as locallaw No. .—. of20 of the City of , ~ having been submitted to refermdum pursnant to tbe provisions of section (36)(37) ofthe MunicipHl Home Rule Law, and having received the affumative vote of amajority ofthe qualified electors ofsuch city votingflMreonat the (special)(general) election held on — 20 , became operative. 6, (Coanty local laiv 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 Koveixiber 30^ .-^ ^ > pursuant to subdivisions 5 and 7 of section 33 ofthe Municipal Home Rule Law, and having received the afSnnatiVB vote of a majority ofthe qualified electors of the cities of said Qcmty as aunit and a naajority of the qaaliixed electors ofthe towns of said coimty considered as a unit voting at said general election, became operative. df any other smthotiz^A form of iinal adoption has beon followed, please provide an appropriate certification,)
Ifiarthercertify that I have compared the preceding local law with the original on file in this office and thatfliesame
is 8 correct transcript therefrom and of the whole of such original local law, and wasfinallyadopted in the manne
indicated ia paragraph—i , above. vV / ^ A
Cleric oftlte coinu^r legiitnive body, Ciiy, Town or Villooe ante or
officer dcd^sicd by tocol legislative IfDij/
VIVIAN I. MASON. TOWN CLERK
(Seal) Date: Febrtiarv 3rd, 20Q6
(Certlficatiofft to be executed by County Attorney, Corporation Coans^, Town Attorney, VUlage Attorney or ether
authorized attorney of locslltyr)
STATE OF NEW YORK
mtTMTvng OMpMDAC^A
I, Ihe -uBdersigaed, hereby certiiV that foregoing local law coniaitis tbe con»ct text and that all proper proceedings have
been had. or tston for fhe enactment of the local law annexed heretc. . . n *^
f^A^M ^
ROBERT M. GERMAIN. TOWN ATTORNEY
Thfc
city^f Clay
Town
Village
Date: February 3, PQpg
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