Machine-extracted (OCR) from the official document — formatting is approximate; the official copy governs.
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
Local Law Filing 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. ^ ,i r n
• C o u n t y DCity HTown DVillage STATE RECOROa
(Select one:)
of Clay OCT 2 3 29U
DEPARIWIEMT OF
Local Law No. 5 of the year 20 12
A local law to amend CHAPTER 205 entitled "TAXATION." adding a HPW art.ir.1p
(Insert Title)
entitled "ARTICLE 9 TO OVERRIDE THE TAX LEVY LIMIT F.STARl TSHFH
IN GENERAL MUNICIPAL LAW §3-c" to the Code of the Town of Clay
Be it enacted by the Town Board of the
(Name of Legislative Body)
• C o u n t y DCity ©Town DVillage
(Select one:)
of Clay as follows:
SEE ATTACHED LOCAL LAW
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-0239-f-l (Rev. 06/12) Page 2 of 4
(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. _5 of20l2 of
t h e ( ( 3 5 M ^ ) ( g » ^ ( T o w n ) ( \ « f f ^ o f Clay was duly passed by the
Town B o a r d O c t o b e r 1 5 . 2012 , 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 , 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 approved)
(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 filed 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 Legislative 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.
DOS-0239-f-l (Rev. 06/12) Page 3 of 4
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 (speGial)(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 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.
Cler^ ofihe county legislativ| body, City , Town or Village Clerk or
officer c^signated by local Imlslative body
J i n Hageman-Clafk, Town Clerk
(Seal) Date: October 23, 2012
DOS-0239-f-l (Rev. 06/12) Page 4 of 4
LOCAL LAW NO. 5 OF THE YEAR 2012
TOWN OF CLAY LOCAL LAW NO. 5 OF THE YEAR 2012 TO AMEND CHAPTER 205 entitled 'TAXATION", adding a new article entitled "ARTICLE 9 TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW § 3-c" 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. Amending CHAPTER 205 entitled 'TAXATION", by adding a new Article entitled "ARTICLE 9 TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW §3-c" to the Code of the Town of Clay. On September 17th, 2012, the Town Board called a public hearing for proposed Local Law No. 5 of the Year 2012 for October 1st, 2012 commencing at 7:38 P.M. Notice of public hearing published in the Post Standard on September 21st, 2012. Public hearing held and completed October 1st, 2012. Local Law No. 5 of the Year 2012 was approved at the October 15th, 2012 Town Board Meeting. Local Law No. 5 of the Year 2012 was sent to Dept. of State on . Received letter from Dept. of State, local law filed on . § 205-46 TAXATION § 205-51 § 205-46 Title. This local law is to be known as a LOCAL LAW AMENDING CHAPTER 205, 'TAXATION", by adding a new ARTICLE IX. entitled LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW §3-c § 205-47 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 Clay pursuant to General Municipal Law §3-c, and to allow the Town of Clay to adopt a budget for the fiscal year beginning January 1, 2013 and ending December 31, 2013 that requires a real property tax levy in excess of the "tax levy limit" as defined by General Municipal Law. § 205-48 Authority. This local law is adopted pursuant to subdivision 5 of the 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 60 percent (60%) of the Town Board. § 205-49 Tax Levy Limit Override. The Town Board of the Town of Clay, located in the County of Onondaga is hereby authorized to adopt a budget for the fiscal year 2013 that requires a real property tax levy in excess of the amount otherwise prescribed in General Municipal Law §3-c. § 205-50 Severability.
If any clause, sentence, paragraph, subdivision, or part of this proposed 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 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. § 205-51 Effective date. This local law shall take effect immediately upon filing with the Secretary of State.