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A local law authorizing a property tax levy in excess of the limit established in General Municipal Law §3-c

2 versions2018-01-08 → 2018-03-12#1-2018inline resolution

Latest version

Original file not available onlineView version history →Meeting on 2018-03-12 →

A local law authorizing a property tax levy in excess of the limit established in General Municipal Law §3-c

Resolution #1-2018 — 2018-03-12

WHEREAS

  • It is the intent of this local law to allow the Village of Red Hook to adopt a budget for the fiscal year commencing June 1, 2017 that requires a real property tax levy in excess of the "tax levy limit" as defined by General Municipal Law § 3-c.
  • 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 percent (60%) of said governing body.

RESOLVED

  • The Board of Trustees of the Village of Red Hook, County of Dutchess, is hereby authorized to adopt a budget for the fiscal year commencing June 1, 2017 that requires a real property tax levy in excess of the amount otherwise prescribed in General Municipal Law §3-c.
  • This local law shall take effect immediately upon filing with the Secretary of State.

Changes between versions

2018-01-082018-03-12
substantive change+410

The document transitioned from a sewer project authorization to a local law for a property tax levy override.

  • Document purpose changed from authorizing a sewer project to authorizing a budget for the fiscal year commencing June 1, 2017, that exceeds the tax levy limit
  • Removed all references to the 'Sewer Project', C.T. Male Associates, and the $4,900,000.00 expenditure/loan
  • Removed the requirement for a public hearing on February 12, 2018
  • Added clause: 'This local law is adopted pursuant to subdivision 5 of General Municipal Law §3-c...'
  • Added effective date clause: 'This local law shall take effect immediately upon filing with the Secretary of State'
Show red-line diff
WHEREAS clauses: - It is the intent of this local law to allow the Village of Red Hook hasto establishedadopt a municipalbudget sewer system to servefor the Villagefiscal year commencing June 1, 2017 that requires a real property tax levy in excess of the "tax levy limit" as defined by General Municipal Law § 3-c. - This local law is adopted pursuant to Articlesubdivision 145 of theGeneral NYS VillageMunicipal Law §3-c, which expressly authorizes a local government's governing body to override the Villageproperty hastax determined to construct the sewer system in phases with the first phase encompassing the general business district and contiguous areas (the "Sewer Project") - the expense of constructing the Sewer Project will be assessed upon the lands benefited - a map and plan of the permanent Sewer Project, with plans and specifications for sewage treatment, has been prepared by C.T. Male Associates, dated February 15, 2017, last revised May 8, 2017, entitled, "Map, Plan & Report, Village of Red Hook Sewer System" (the Map and Plan") and was filed in the Office of the Village Clerk on August 25, 2017 - the Map and Plan identified the benefitted parcels and included a proposed method of apportionment of local assessment for each benefitted parcel - the maximum amount to be expendedcap for the Sewercoming Projectfiscal isyear $4,900,000.00 -by the Villageadoption of Reda Hooklocal haslaw beenapproved determined to be eligible forby a zero interest loan in the amountvote of $4,900,000,sixty withpercent a term(60%) of upsaid togoverning 30 years through NYS Environmental Facilities Corporation subject to compliance with certain application deadlinesbody. RESOLVED clauses: - The Board of Trustees shall hold a public hearing to consider the Map and Plan and the proposed apportionment of local assessments on February 12, 2018, at 7 p.m. at the Village Hall,of Red Hook, New York at which time the BoardCounty of Trustees will hear any objections to such apportionment - The Village ClerkDutchess, is hereby authorized and directed to publishadopt noticea ofbudget saidfor publicthe hearingfiscal year commencing June 1, 2017 that requires a real property tax levy in the official newspaper of said Village, on or before January 30, 2018 which is not less than ten days prior to the date of said public hearing - The Village Clerk is hereby authorized and directed to send noticeexcess of the publicamount hearingotherwise to each property ownerprescribed in General Municipal Law §3-c. - This local law shall take effect immediately upon filing with the Sewer Project service area, at their address on file for Village tax purposes, including noticeSecretary of the filing of the Map and Plan which includes the proposed apportionment of local assessmentState.

References

This document cites or incorporates the following separate documents: