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Local Law Filing 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.ny.gov (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. ' : ' • F I L E D ' • STATERECORDS • C o u n t y • C i t y [x]Town •Village (Select one:) . ' of Victory, NY • • J Local Law No. 1 A local law State Tax Cap (Insert Title) DEPARTMENT OF .STATE ofthe year 2016 Be it enacted by the Town Board , (Name of Legislative Body) of the • C o u n t y • C i t y [x]Town • V i l l a g e (Selectone:) of Victory 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. 04/14) Page 2 of 4 ---PAGE BREAK--- (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 locai law annexed hereto, designated as local law No. the ^8s«my):{Gi«S()(Town)(X«togs^^ nfVictory. - Town Board ' • • on-July 11 (Name of Legislative Body) ' . , - ; provisions of law. of 20 16 of • was duly passed by the 2 o 2 £ _ , in accordance with the applicable 2. (Passage by local legislative body,with approval, no disapproval or repassage by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as localJaw-Ne?' of 20 of the (County)(City)(T6wn)(Village) of ' ' ^ — • - - ' was duly passed by the 20_ _ , and was approved) / " and was deemed duly adopted (Name of Legislative Body) (repassed after disapproval) b^ on (Elective Chief Executive Officer*). , in,accordance w ith the applicable provisions bf law. 3. (Final adoption by referendum.) - I hereby certify, that the local law annexed Hereto, designated as local law No. the (County)(City)(town)(VilIage) of ' - • _i=r-20' (Name of Legislative Body) (repassed after disapproval) by the and was (approved)(not approved) .on .20 (Electiv§J^hi€rExecutive Officer*) Such local law was submittedjp-th^eople by reason ofa (mandatory)(permissive)referendum, and received the affirmative vote of a majority of thg-qtiMfi.ed electors voting thereon at the (general)(special)(annual) election held on . 20 _ , in,aec6fdance with the applicable provisions of law. . ' . , 4. (Subject to permissive referendum and final adoption because no valid petition wasfM^Teqaesting 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 and was •(approved)(not approved) 20 . Such local (Name of Legislative Body) (repassed after disapproval) .on (Elective.Chief Executive-.Officer*). • • law was suJjjectlb 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 ttie 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. 04/14)' 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, desigriated as IpcaLlaw-Nor— of ?n of the City of . to pursuant to the provisions of section (36)(37) of the MunicipalHomg.Eule-taWrand having received the affirmative vote of a majority of the qualified electors of such city voting thereorraffHe7special)(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. r^tj^sx.—a of ' the County of State of NewJ^oiJMiavtng-tJ5en submitted to the electors at the General Election of November.—-. 20 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the aWirrri^ve_^at&-ef'STr^s^or\ty ot the qualified electors of the cities of said county as a unit and a majority of the pf 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 iaw, and was finally adopted in the manner indicated in paragi-aph above. DOS-0239-f-l (Rev. 04/14) Page 4 of 4 ---PAGE BREAK--- RESOLUTION OF THE TOWN OF VICTORY ENACTING LOCAL LAW NO. 1 OF 2016, OVERRIDING THE REAL PROPERTY TAX CAP IMPOSED BY GENERAL MUNICIPAL LAW SECION 3-C FOR THE FISCAL YEAR 2017 WHEREAS, N.Y. General Municipal Law § 3-c imposes a real property tax levy limit upon local municipalitiies in New York State; and . • WHEREAS, Pursuant to subdivision 5 of General Municipal Law § 3-c, the town board is expressly authorized to override the tax levy limit by the adoption ofa local law approved by a vote of sixty percent (60%) of the town board; and WHEREAS, the town board wishes to exercise its authority to override said tax cap in the event that the 2017 budget requires a tax levy greater than allowed by the tax levy limit by adoption of Local Law No. 1 6f 2016, a ;trae and • WHEREAS; a duly noticed public hearing having been held in the town hall at a regularly scheduled meeting of the town board on Jvme 13, 2016 upon said local law; now, therefore be it RESOLVED, that upon due deliberation by the Town Board of the Town of Victory, Local Law No. 1 of 2016, is hereby adopted; and be it further RESOLVED, that the Victory Town Clerk is dkected to file a copy of said Local Law with the Secretary of State forthwith. . ' Voting on Resolution Michael Wiggins,' Supervisor Robin Bartholemew Leonard Hand Terrance McBride Lester VanDyke Dated: Yes 1-4 [ [ ] , No. [ ] [ ] \A [ [ Absent/Abstained [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] (Seal) ^ iBf " i' ---PAGE BREAK--- TOWN OF VICTORY r; LOCAL LAW NO.. 1 OF THE YEAR 2016; Section 1. Authoiitv a. This local law is enacted pursuant to the authority of Section 10 of the Municipal • Home Rule Law authorizing the Town of Victory to adopt a local law which may amend or supersede any provision of State law in relation to the property, affairs or govermrient of the Town unless there is a State legislative restriction on such ' amendment or supersession. ' ' b. N. Y. Gen. Mvm. Law § 3-C imposes a real property tax levy cap upon local • governments. The cap imposed may be exceeded pursuant to § 3-C(5) of N.Y. Gen. Mun. Law. , . "C c. The Board of the Town of Victory, after due deliberation, finds it to be in the . best interests of the To^yn to adopt the within Local Law. Section 2. Legislative Intent and Tax Lew Limit Override , a. The Tovra Board of the Tovra of Victory realizes and acknowledges that . „ • maintaining vital services while keep property taxes low is a priority of the residents of the Town. The Town Board also realizes that the imposition: of mandated costs by ' the State of Ne w York, in addition to vital services which the Town must provide, may impair the ability of the Tovra to adopt a budget with a real property tax levy . which is beneath the tax cap imposed. b. ; , The Tovra 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 tovra ' budget for the 2017 fiscal year of the Tovra of Victory. Sections. Sevarability a. If any part of provision of this Local Law or the application thereof to any person or circumstance be adjudged invalid by any court df competent jurisdiction, such judgment shall be confined in its operation to the part of provisiion or application directiy involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this Local ' Law or, the application thereof to other persons or circimistances, and the Tovra Board of the Tovra of Victory hereby declares that it would have passed this Local . Law or the remainder thereof had such invalid application or invalid provision been apparent. Section 4. Repealer a. All ordinances, local laws and parts thereof inconsistent with this Local Law are hereby repealed. ; ---PAGE BREAK--- Section s. Effective Date a. This Local Law shall take effect unmediately upon filing in the office of the New York State Secretary of State in accordance with Section 27 of the Municipal Home- Rule Law.