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HomeMy WebLinkAboutHighway Equipment . . 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 . . 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 . . 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~ . . 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~ . . 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) . . 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 . . 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 . . 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 Page 1 of 1 2/15/2005