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Local Law Fiiihg (Use J 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 www.dos.state.ny.us/corps this form to file a local law with the Secretary of State.) Text of law should be italics or underiining •County QCity (Select one:) of Victory lo indicate new matter [x]Town •Village Local Law No. 1 given as amended. Do npt include matter tj,eing eliminated and do not use F I L E D STATERECORDS JUL 10 2017 DEPARTMENT OF STATi of the year 201/ A local law f^^solutilcin of Intent and Tax Levy Limit Override for fiscal year 2018 (Insert T M I Municipal section 3-C Be it enacted by tHie Board •County •Cit) (Select one:) of Victory ofthe CWame of Legislative Body) • T o w n • V i l l a g e as follows: (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 ---PAGE BREAK--- (Complete the certification in the paragraph that applies to the filing ofthis 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 p'nnexed hereto, designated as local law No. the (County)(City)(Town)(Village) of Victory Town Board 1 of 20 17 of (Name of Legislative Body) provisions of law. I hereby certify that the local law the (County)(Clty)(Town)(Villa9Ci)' of on June 12, .20 was duly passed by the in accordance with the applicable 2. (Passage by local legislatiY,e body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) annexed hereto, designated as local law No. 'I of 20 of (Name of Legislative Body) (repassed after disapproval) by on 20 3. (Final adoption by referendum.) was duly passed by the on the. (Elective-Chief Executive Officer*) jj in accordance w ith the applicable provisions of law. 20 , and was (approved)(not approved) _ _ _ _ _ and was deemed duly adopted I hereby certify that the local la' (V annexed hereto, designated as local law No. the (County)(City)(Town)(Villac e) of of 20 of (Name of Legislative Body) (repassed after disapproval) h'j/ Such local law was submitted to on 20 was duly passed by the , and was (approved)(not approved) the .on 20 (Elective Chief Executive Officer*) I I the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority ofthe qualifidc electors voting thereon atthe (general)(speciaI)(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. II _of 20 of the (County)(City)(Town)(Villa()e) of . I was duly passed by the (Name of Legislative Body) (repassed after disapproval) law was subject to permissive 20 , In accordance with on. .20 the. .on and was (approved)(not approved) 20 . Such local (Elective Chief Executive Officer*) referendum and no valid petition requesting such referendum was filed as of. the applicable provisions of law. * Elective Chief Executive Off cer means or includes the chief executive officer of a county elected on a county-wide basis or, if there be none; the chairperson of tt e 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 appr ave or veto local laws or ordinances. DOS-0239-f-l (Rev. 06/12) Page 3 of 4 ---PAGE BREAK--- 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 ^ L L having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, an thereon at the (special)(general) having received the affirmative vote of a majority of the qualified electors of such city voting lection held on, , ^ 20 , bedame operative. 6. (County local law concernirjg adoption of Charter.) I hereby certify that the local, law iinnexed hereto, designated as local law No. the County of. November 20. received the affirmative vote of a of 20 of _State of New York, having been submitted to the electors at the General Election of pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors ofthe towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form o F final adoption has been followed, please provide an appropriate certification.) I further certify that I have comps red the preceding Ibcal law with the original on file in this office and that the same is a correct transcript therefrom and paragraph above. I )f the whole of such original local law, and was finally adopted in the manner indicated in Clerk officer' Date: ity. Town or Village Clerk or 'e body DOS-0239-f-l (Rev. 06/12) Page 4 of 4 ---PAGE BREAK--- Section 1. Authority TOWN OF VICTORY LOCAL LAW NO. 1 OF THE YEAR 2017 a. This lo( :al law is enacted purstiant to the authority jpf Section 10 of the Municipal Home Rule Law authorizing the Town of Victory to adopt a local law which may amend jr supersede any provision of State law in relation to the property, affairs or gov€ mment of the Town unless there is a State legislative restriction on such amend] nent or supersession. j b. N.Y. Gen. Mun. Law § 3-C imposes a real property tax levy cap upon local lents. The cap imposed may be exceeded pursuant to § 3-C(5) of N.Y. Law. governmi Gen. Mun. c. The B obrd of the Town of Victory, after due deUberation, finds it to be in the best interests of the Town to adopt the within Local Law." I ' • 'i ' Section 2. Legislative Intent and Tax Lew Limit Override a. The T3Iwn Board of the Town of "Victory realizes and acknowledges that maintaining > ital services while keep property taxes lowjj is a priority of the residents of the Town. The Town Board also realizes that the imposition of mandated costs by the State of > f^w York, in addition to vital services which the Town must provide, may impair ti!e abiUty of the Town to adopt a budget with a real property tax levy which is ben ; ath the tax cap imposed. ll b. The^pwTi Board is hereby authorized to exceed the real property tax levy limit imposed by N.Y. Gen. Mun. Law § 3-C in preparing and adopting the town budget for tl ; 2018 fiscal year of the Town of Victory. Section 3. Sevarability If anljI part of provision of this Local Law or the application thereof to any person or circumstance be adjudged invalid by any court of competent jiorisdiction, such judgment shall be confined in its operation to the part of provision cir application direi ;ily involved in the controversy in which such judgment shall have been rencired and shall not affect or impair the validity ofthe remainder of this Local Lav jor the application thereof to other personsjor circumstances, and the Town Board of the Town of Victory hereby declares that it wpuld have passed this Local Lav^ beei Section 4. Re{ >ealer or the remainder thereof had such invalid ^application or invalid provision apparent. i a. Al are hereby ordinances, local laws and parts thereof inconsistent with this Local Law repealed. ---PAGE BREAK--- Section5^_Efiectvv? a. This New York StaU Home Rule Laiv. Lo :al Law shall take effect immediately upon Date filing in the office ofthe al Law snail laKc cix^^^u ~r Mnnicinal 'secretary of State in accordance with Section 27 ofthe Mumcipal ---PAGE BREAK--- RESOLUTION OF THE ipWN OF VICTORY ENACTING LOCAL LAW NO. 1 OF 2017, OVERRIDING THE REAL PROPERTY TAX CAP IMPOSED BY GENERAL MUNICIPAL LAW SECION 3-C FOR THE FISCAL YEAR 2018 r' WHEREAS, N.Y. Genera Municipal Law § 3-c imposes a real property tax levy limit upon local municipalitiies in New Yo rk State; and i! WHEREAS, Pursuant to subdivision' 5 of General Municipal Law § 3-c, the town board is expressly authorized to override the i:ax levy limit by the adoption of a local la^ approyed by a vote of sixty percent (60%) ofthe town board; and WHEREAS, the town boiird wishes to exercise its authority to override said tax cap in the event that the 2018 budget requires No. 1 of2017, atrueand a tax le\7 greater than allowed by the tax levy limit by adoption of Local Law correct copy being armexed hereto; and 'j WHEREAS; a duly noticed public hearing having been held in the town hall at a regularly scheduled meeting of the town boaid on June 12, 2017 upon said local law; now, therefore be it 'i RESOLVED, that upon cue deliberation by the Town Board of the Town of Victory, Local Law No. 1 of 2017, is hereby adopt( id; and be it further RESOLVED, that the Vi Secretary of State ith. Voting on Resolution Michael Wiggins,' Supe: Robin Bartholemew Leonard Hand Terrance McBride Lester VanDyke ;tory Town Clerk is directed to file a copy pf said Local Law with the : "vispr Yes/ No Date [ ] Absent/Abstained [ ] [ ] [ ] I [ ] I ] [ ] [ ] [ ] [ ] [ ]