HomeMy WebLinkAboutHighway Equipment
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ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
SouthoId, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown. northfork. net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTH OLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 95 OF 2005 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MARCH 1, 2005:
WHEREAS, a bill has been introduced in the State Legislature as S.189 and A.124 and
WHEREAS, the bill seeks to increase the limitation on amount to be raised by taxes for the
purpose of certain highway equipment to three hundred thousand dollars ($300,000.) in the
Town of South old, County of Suffolk; now, therefore, be it
RESOLVED, that pursuant to Article IX of the Constitution, the Town Board of the Town of
Southold hereby requests the enactment of Senate Bill No. 189 and Assembly Bill No. A.124
entitled "AN ACT to amend the highway law, in relation to the limitations on amounts to be
raised by taxes for the purchase of certain highway equipment".
ajl'I.I4Q.'Q--'II-..
Elizabeth A. Neyille
Southold Town Clerk
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ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
March 3, 2005
EXPRESS MAIL
Home Rule Counsel
Assembly Post Office
The Capitol
Albany, New York 12224
Dear Sir:
Transmitted herewith are two copies of a Home Rule Request from the
Southold Town Board requesting the enactment of Assembly Bill No. A.l24 and
two copies of a Home Rule Request from the Southold Town Board requesting
the enactment of Senate Bill No. S.189, each entitled "AN ACT to amend the
highway law, in relation to the limitations on amounts to be raised by taxes for the
purchase of certain highway equipment".
Also enclosed is a certified copy of the resolution which was passed by the
Southold Town Board at its meeting held March I, 2005.
Very truly yours,
~o~
Elizabeth A. Neville
Southold Town Clerk
~loBlife3 (5)
cc: Assemblywoman Acampora
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ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold. New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.l1orthfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
March 3, 2005
EXPRESS MAIL
Home Rule Counsel
Senate Post Office
The Capitol
Albany, New York 12224
Dear Sir:
Transmitted herewith are two copies of a Home Rule Request from the
Southold Town Board requesting the enactment of Senate Bill No. S.189 and two
copies of a Home Rule Request from the Southold Town Board requesting the
enactment of Assembly Bill No. A.124, each entitled "AN ACT to amend the
highway law, in relation to the limitations on amounts to be raised by taxes for the
purchase of certain highway equipment".
Also enclosed is a certified copy of the resolution which was passed by the
Southold Town Board at its meeting held March 1, 2005.
Very truly yours,
~a~
Elizabeth A. Neville
Southold Town Clerk
Enclosures (5)
cc: Senator LaValle
IMPORTAN'REAO INSTRUCTIONS ON REVERS~IOE
HOME RULE REQUEST
(Request by a Local Government for Enactment of a Special Law)
To the Legislature:
Pursuant to Article IX of the Constitution, the Town of
(county,city,townorviIIage)
Selithhold requests the enactment of -- bill (No. A 1 ?4 ),
(name) Assembly
.tl d" (strike out one)
ent! e AN ACT to amend the highway law, in relation to the limitations on amounts to be raised by taxes for
the purchase of certain highway equipment
"
It is hereby declared that a necessity exists for the enactment of such legislation, and that the facts
establishing such necessity are as follows: (Check appropriate box)
~ The local government does not have the power to enact such legislation by local law.
o Other facts, as set forth in the following "Exp]anation" establish such necessity.
EXPLANATION
(If space below is not sufficient, use separate sheet and attach here)
Such request is made by: (Check appropriate box)
(2g The chief executive officer of such local government, concurred in by a majority of the total membership
of the local legislative body. (See paragraph A below)
o The local legislative body of such local government, at least two-thirds of the total membership thereof
having voted in favor of such request. (See paragraph B below)
READ BEFORE SIGNING
A. If the request is made by the chief executive officer and concurred in by a'majority of the total mem-
bership of the local legislative body, both the chief executive officer and the clerk of the local legislative
body must sign below. In such case use the word "majority" below even though the vote may have
been greater.
B. If the request is made by the local legislative body, at least two-thirds of the total membership thereof
having voted in favor of such request, only the clerk of the local legislative body must sign below.
In such case use the words "two-thirds" below.
CHIEF EXECUTIVE OFFICER'S SIGNATUR
Joshua Y. Horton
(Print or type Dame below signature)
Town Supervisor
(Title of chief executive officer)
Date:
March 3
,2005
CLERK'S CERTIFICATION
I,
Elizabeth A. Neville
(print or type name)
,do hereby certify that I am Clerk of the (Town Board )
(locaI legislative body)
of the
Town
(county,city,townorvillage)
of Southold and that on the 1 st day of March
(name)
20----2.L, such legislative body, at least a ~ of the total membership having voted in favor thereof,
maJonty
approved the foregoing request. (,trikoo", 0"')
(Signed
(Print or type name below signature)
[SEAL OF LocAL
GoVERNMENT]
Date: March 3
,20~
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INSTRUcnONS
Copl... nqaIred.
Two sigaed copies of Ibis form, specifying !be final bill number and title must be filed with each House
of !be Legislature.
Extnnples:
(a) If !be bill bas been introduced in only 0,", House of !be Legislature, four copies of !be request
form must be filed, i.e., two with !be Senate and two with !be Assembly.
(b) If !be identical bill bas been introduced in both Houses, eight copies of.!be request form must
be Iiled, i.e., two with !be Senate and two with !be Assembly for !be Senate bill and !be same
for !be Assembly bill.
Dale of reqaeet I
The signing of a home rule request or !be adoptinn of a resolution by !be local legislative body approv-
ing such request cannot precede !be date on which !be bill is actually introduced in !be Legislature. In !be case
of preIiled bms, !be actual date of introduction is !be first day of !be legislative seasion. The request may be
Ii8ned or !be resolution adopted !be same day as !be date of introduction.
Ameadecl b1Ib.
Each time !be bill is amended a new request must be filed (with !be appropriate number of copies) and !be
new request must correctly identify !be bill number as last amended. The signing of !be request, and !be date of
!be supporting resolution, cannot precede !be date of !be amendmenl.
Trammiu.I.
The signed forms sbonId be sent as fonows:
To the SelUlle:
Home Rule Counsel
Senate Post OIIice
The Capitol
Albany, N. Y. 12224
To the Assembly:
Home Rule Counsel
Assembly Post 0IIice
The CapitoJ
Albany, N. Y. 12224
D..flnltiOD of term8:
Chief euculive of!ice,.
In !be case of a county, !be e1ective or appointive chief execUtive oIIicer, if there be one, or otberwise !be
cbairman of !be board of supervisors; in !be case of a city or viIJaae, !be mayor (DOl manager); and in
!be case of a toWn, !be supervisor. (Municipal Home Rule Law 140)
l.ocG/ legis/Dlive body.
The board of supervisors, board of aldermen, common council, council, ......m;-u..., toWn board, board
of trustees or other e1ective goveming board or body vested by state statute, cbarler or other law with
jurisdiction to initiate and adopt local laws or on,Unon<:i:s (Municipal Home Rule Law 12)
l.ocG/ (IOVerrunenl.
A county, city, toWn or viIJaae (Cons!. Art. IX, 13; Municipal Home Rule Law 12)
Specitllltrw
A IlalIe atalUte which in terms aad in eIIect applies to ODe or more, but DOl a1I, coun1iea (other than those
wboIIy ind.1l\ed within a city) cities, toWns or viIJaaes. (Conal. Art. IX 13; Municipa1 Home Rule Law 12)
TotIll--.b...JJp.
The 1Dla1 ~ power of a Jecialative body. (Municipal Home R.uIe Law, 1120, 40)
IMPORTAN~EAD INSTRUCTIONS ON REVERS~IDE
HOME RULE REQUEST
(Request by a Local Government for Enactment of a Special Law)
To the Legislature:
. Pursuant to Article IX of the Constitution, the Town of
(county,city,townorvillage)
So1!thheld requests the enactment of Senate bill (No. ~ 1 ~Q ),
(name) AM^ 1..1:
'tl d". (strike out one)
ent! e AN ACT to amend the highway law, in relation to the limitations on amounts to be raised by taxes for
the purchase of certain highway equipment
"
It is hereby declared that a necessity exists for the enactment of such legislation, and that the facts
establishing such necessity are as follows: (Check appropriate box)
KJ The local government does not have the power to enact such legislation by local law.
D Other facts, as set forth in the following "Explanation" establish such necessity.
EXPLANATION
(If space below is not sufficient, use separate sheet and attach here)
Such request is made by: (Check appropriate box)
D(J The chief executive officer of such local government, concurred in by a majority of the total membership
of the local legislative body. (See paragraph A below)
D The local legislative body of such local government, at least two-thirds of the total membership thereof
having voted in favor of such request. (See paragraph B below)
READ BEFORE SIGNING
A. If the request is made by the chief executive officer and concurred in by a majority of the total mem-
bership of the local legislative body, bOlh the chief executive officer and the clerk of the local legislative
body must sign below. In such case use the word "majority" below even though the vote may have
been greater.
B. If the request is made by the local legislative body, at least two-thirds of the total membership thereof
having voted in favor of such request, only the clerk of the local legislative body must sign below.
In sllch case use the words "two-thirds" below.
,2005
Joshua Y.
CHIEF EXECUTIVE OFFICER'S SIGNATUR
Date: March 3
(Print or type name below signature)
Supervisor
(Title of chief executive officer)
CLERK'S CERTIFICATION
I, Elizabeth A. Neville
(print or type name)
, do hereby certify that I am Clerk of the (Town Board )
(local legislative body)
of the Town
(county,dty, town or village)
of Southold and that on the 1 st day of March
(name)
20 05 , such legislative body, at least a .",,"'- of the total membership having voted in favor thereof,
- maJonty
approved the foregoing request. (,trik,oo'o",) ~. nLje.
(Signed) ~ ~~~l!.,,{...~##JJA
~~~a (~
GoV"<NMCNT] Eliza eth A. Neville
(Print or type name below signature)
Date:
Ma rch 3
,20~
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.
INSTRUcnONS
Copleo requirecI.
Two sigDed copies of this form, specifying the final bill number and title must be filcd with each House
of the Legislature.
Examples:
(a) If the bill bas been introduced in only one House of the Legislature, four copies of the request
form must be filcd, i.e., two with the Senate and two with the Assembly.
(b) If the identical bill bas been introduced in both Houses, eight copies of the request form must
be filcd, i.e., two with the Senate and two with the Assembly for the Senate bill and the same
for the Assembly bill.
Date of requeat.
The signing of a home rule request or the adoption of a resolution by the locallegislatM body approv-
ing such request cannot precede the date on which the bill is actua11y introduced in the Legislature. In the case
of prefilcd bills, the actua1 date of introduction is the fint day of the legislative session. The request may be
sigDed or the resolution adopted the same day as the date of introduction.
Am....cIecI biJJa.
Each time the bill is ame""cd a new request must be filcd (with the appropriate number of copies) and the
new request must comct1y identify the bill number as last amended. The signing of the request, and the date of
the supporting resolution, cannot precede the date of the amendment.
TraIdmlttah
The sigDed forms should be IeDt as follows:
To lire Senate:
Home Rule Counse1
Senate Post 0fIice
The Capitol
AJbany,~.~. 1~4
To lire Assembly:
Home Rule 0---1
Assembly Post OIIice
The Capitol
AJbany, ~. ~. 12224
DefiuitiOD of terD1ll:
CIW1 executive of!i<<'.
In the case of a county, the eJective or appointM chief exeaitM ofIicer, if there be one, or otherwise the
chairman of the board of supervisors; in the case of a city or village, the mayor (not manager); and in
the case of a town, the supervisor. (Municipal Home Rule Law 540)
LocDllegis/a1ive body.
The board of supervisors, board of aldermen, common council, council, .......m;oom. town board, board
of trustees or other eJective govcming board or body vested by state atatute, charter or other law with
jurisdiction to initiate and adopt 10cal laws or ordinances. (Municipal Home Rule Law 12)
LocDl fO""mment.
A COUDty, city, towD or village (Canst. An. IX, 13; Municipal Home Rule Law 12)
Specitlll4w
A IlalIl atatnte which in tenDS and in effect app1Ioa to one or more, but DOt an. COUDties (other than tbooe
wboIJy included within a city) cities, towns orvilJages. (Canst. An. IX 13; Mvnir.ipal Home Rule Law 12)
ToIlIl membmldp.
The 1Dlal wtina JIO'm of a legisJatM body. (M1I";";pa1 Home Rule Law, 1120,40)
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RESOLUTION
MARCH 1,2005
V-95
WHEREAS, a bill has been introduced in the State Legislature as S.189 and A. 124 and
WHEREAS, the bill seeks to increase the limitation on amount to be raised by taxes for the
purpose of certain highway equipment to three hundred thousand dollars ($300,000.) in the
Town of Southold, County of Suffolk; now, therefore, be it
RESOLVED, that pursuant to Article IX of the Constitution, the Town Board of the Town of
Southold hereby requests the enactment of Senate Bill No. 189 and Assemblv Bill No. A.124
entitled "AN ACT to amend the highway law, in relation to the limitations on amounts to be
raised by taxes for the purchase of certain highway equipment".
.
.
'll't( 1\,
'..)1.... ./.::_~i,.I.:
....""":,..;-. "
'. -. '<.
~~'?--;: ~--.\
.. -"~"-"~I.~,-"~'
THE SENATE
STATE OF NEW YORK
1ST SE'\JATE DISTRICT
325 MIDDLE COUNTRY ROAD
SELDEN, NEW YORK I] 784
KENNETH p, LAVALLE
CHAIRMAI': ,\lAIORITY CONFERENCE
CHAIRM^~
COMMITTFE 01'\ IllGHFR F.DUCATlOI\
February IS, 2005
RECEIVED
~'n l1rjllj:;
,-- '- 1-\..I1.1J
Ms. Elizabeth A. Neville
Town Clerk, Town of South old
Town Hall
53095 Main Road, PO Box 179
Southold, New York 11971
Southoll! Town Clerl
Dear Ms. Neville:
Constitutional provisions mandate that certain bills require a Home Rule Request before the
Legislature can act upon them. Senate Bill S.189/ A.124 is one such bill.
We respectfully request that your office assist us in having the enclosed forms completed and
returned to the Home Rule Counsel's Office, the State Capitol, Albany, New York, 12247.
(Please see reverse side of Home Rule Request forms for more specific instructions.)
Your prompt attention to this request is most appreciated.
Sincerely yours,
Kenneth P. LaValle
Enclosures
@
RETRIEVE BILL
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Page I of 1
BILL TEXT:
STATE OF NEW YORK
S. 189
A. 124
2005-2006 Regular Sessions
SENATE
ASSEMBLY
January 10, 2005
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Transporta-
tion
IN ASSEMBLY -- Introduced by M. of A. ACAMPORA, THIELE -- read once and
referred to the committee on Transportation
AN ACT to
amounts to
equipment
amend the highway law, in relation to the limitations on
be raised by taxes for the purchase of certain highway
Th~eo'p'le of the State of Ne,!_'!Q~,~L_""repres~~ted in Senate ""~~,d As~em-
bly, do enaot as fo~~~ws:
1 Section 1. Subparagraph 1 of paragraph a of subdivision 3 of section
2 271 of the highway law, as amended by chapter 150 of the laws of 2000,
3 is amended to read as follows:
4 (1) Two hundred thousand dollars in the towns of Colonie, Bethlehem
5 and Guilderland in Albany county, in the town of Carmel in Putnam coun-
6 ty, in the town of Greenburgh in Westchester county, in the towns of
7 Haverstraw, Clarkstown, and Stony Point in Rockland county, [ia TAl
8 ~.".u..1i ili..".,kn.a. i.'l~Io.1a olla 1i''''l~''-~Ft?- i.. i,.lili"lk ""'l"~Y.] in the
9 towns of Camillus, Cicero, DeWitt, Manlius, onondaga and Salina in Onoo-
lD daga county, in the town of Poughkeepsie, Dutchess county, or in any
11 town of the first class in Erie county.
12 ~ 2. Paragraph a of subdivision 3 of section 271 of the highway law is
13 amended by adding a new subparagraph (l-h) to read as follows:
14 (l-h) Three hundred thousand dollars in the towns of Riverhead, Sout-
15 hold and Southampton in Suffolk county.
16 ~ 3. This act shall take effect on the first of January next succeed-
17 ing the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[-J is old law to be omitted.
LBD04656-01-5
http://leginfo.state.ny.us:8080/asmsen!bstfrmel. cgi
2/15/2005
RETRIEVE BILL
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SPONSORS MEMO:
NEW YORK STATE SENATE
INTRODUCER'S MEMORANDUM IN SUPPORT
submitted in accordance with Senate Rule VI. Sec 1
BILL NUMBER: 8189
SPONSOR: LAVALLE
TITLE OF BILL: An act to amend the highway law, in relation to the
limitations on amounts to be raised by taxes for the purchase of certain
highway equipment
PURPOSE: To increase the limitation on amounts to be raised by taxes
for the purchase of certain highway equipment in the towns of Riverhead,
Southold and Southampton, county of Suffolk, from two hundred thousand
dollars to three hundred thousand dollars.
SUMMARY OF PROVISIONS: Amends paragraph a of subdivision 3 of section
271 of the highway law by adding a new subparagraph (1-h).
JUSTIFICATION: The current $200,000 limit is insufficient to properly
fund the purchase and repair of highway equipment for highway depart-
ments within the towns of Riverhead, Southold and Southampton. This
amendment allows these towns to maintain the safety and integrity of
their highways.
LEGISLATIVE HISTORY: 2003-04, S.2479.
FISCAL IMPLICATIONS: To be determined
EFFECTIVE DATE: This act shall take effect on, the first of January
next succeeding the date on which it shall have become a law.
http://leginfo.state.ny.us:8080/ ASMSEN/bstfnnel.cgi
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2/15/2005