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
Southold, New York 11971
Fax (631) 765-6145
Telephone (63l) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 338 OF 2004
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON APRIL 20, 2004:
WHEREAS, a bill has been introduced in the State Legislature as S.2479 and A.5423l 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 herebv requests the enactment of Senate Bill No. 2479 and Assemblv Bill No.
A.5423 entitled "AN ACT to Amend the Town Law and Chapter 114 of the Laws of the State of
New York.
Ptrhr1C1.~~'P..
Elizabeth A. Neville
South old 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
April 22, 2004
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Horne Rule Counsel
Senate Post Office
208 Legislative Office Building
Albany, New York 12224
Dear Sir:
Transmitted herewith are two copies of a Horne Rule Request from the
Southold Town Board requesting the enactment of Senate Bill No. S.2479 and
two copies of a Horne Rule Request from the Southold Town Board requesting
the enactment of Assembly Bill No. A.5423, 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 April 20, 2004.
Very truly yours,
~+h~Ql}.<,~.
Elizabeth A. Neville
Southold Town Clerk
Enclosures (5)
cc: Senator LaValle
Complete items 1, 2, and''3. Also complete
item 4 if Restricted Delivery is desired.
· Print your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
/lOfflJ:' RlIUF eOU-VS",L
/tSSc:m.Bt.y Ill')
02;t! L.~G-IS<I971"~ OFAc€- ,(Jt.LJG
"'
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>
/9L~PAJ'" ,vy
/;(-7'1'1"
Service Type
~Certifjed Mail 0 Express Mail
o Registered 0 Return Receipt for Merchandise
o InsUred Mail 0 C.O.D.
4. Restricted DeHv~ry? (Extra Fee) 0 Yes
2. Article Number (Copy from service label)
70tYO 0(,00 057 ~tf't'.;v
PS Form 3811, July 1999 Domestic Return Receipt
10259S.00.M'0952
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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
April 22, 2004
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Home Rule Counsel
Assembly Post Office
210 Legislative Office Bldg
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.5423 and
two copies of a Home Rule Request from the Southold Town Board requesting
the enactment of Senate Bill No. S.2479, 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 April 20, 2004.
Very truly yours,
~~t-w' Q L(..J~,
Elizabeth A. Neville
Southold Town Clerk
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Enclosures (5)
cc: Assemblywoman Acampora
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IMPORTANT: READ INSTRUCTIONS ON REVERSE SIDE
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,townorvilJage)
Southold requests the enactment of Senate bill (No. S.2479 ),
(name) Assembly
. I d" . (strike out one) b . d b ~
entIt e AN ACT to amend the highway law, in relation to the lintitatlons on amounts to e raIse y taxes ,or
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)
D!: The local government does not have the power to enact such legislation by local law.
o 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!: 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 SIGNATURE
(Signed)
(
oshua Y. Horton
(Print or type name below signature)
Date:
April 22
,2004
(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,city,townorvillage)
of
Southold
and that on the
20th
day of
April
(name)
20~, such legislative body, at least a tw&:'bi<d<> of the total membership having voted in favor thereof,
maJonty
approved the foregoing request. (.lrik"",,oo) ~.n z;1 .
(Signed)( - ~ 'LGfJ,...L_<../h.
~~~ ~
GOV""'M_) Elizabeth A. Neville
(Print or type name below signature)
Date:
April 22
,20~
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INSTRUCI'IONS
Coplee required.
Two signed copies of this form, specifying !be final bill number and title must be filed with each House
of !be Legislature.
Emmples:
(a) If !be bill bas been introduced in only one House of the Legislature, four copies of the request
form must be filed, i.e., two with !be Senate and two with the Assembly.
(b) If the identical bill bas been introduced in both Houses, eigbt copies of !be request form must
be filed, i.e., two with the Senate and two with the Assembly for the Senate bill and the same
for !be Assembly bill.
Date of ......eel:
The signing of a home rule request or the adoption of a resolution by the local legislative body approv-
ing sueh request cannot precede !be date on which !be bill is actually introduced in !be Legislature. In !be case
of prefiled bills, the actusl date of introduction is !be first day of !be legislative session. The request may be
signed or !be resolution adopted the same day as the date of introduction.
Am....ded billa.
Each time the 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 the request, and !be date of
!be supporting resolution, cannot precede the date of !be amendmenL
Tnnmdltal.
The signed forms should be sent as follows:
To the SeNlte:
Home Rule Counsel
Senate Post OfIice
The Capitol
Albany, N. Y. 12224
To IN Assembly:
Home Rule Counsel
Assembly Post OfIice
The Capitol
Albany, N. Y. 12224
Definition of tel'lD8:
Chief eJCeClllive officer.
In the case of a county, !be elective or appointive chief execUtive ofIic:er, if !bere be one, or o!berwise !be
chairman of !be board of supervisors; in !be case of a city or village, !be mayor (not manlFr); and in
!be case of a town, !be supervisor. (Municipal Home Rule Law 540)
LocIIl legislative body.
The board of supervisors, board of aldermen, common council, council, commission, town board, board
of trustees or other elective ~rning board or body vested by state statute, charter or other law with
jurisdiction to initiate and adopt local laws or ordinances. (Municipal Home Rule Law 52)
LocIIl "we_t.
A county, city, town or viIIlF (ConaL Art. IX, 53; Municipal Home Rule Law 52)
SpeciDl law
A _ statute which in terms and in eftect applies to one or more, but DOl all, countiea (other than thooe
wboIIy included within a city) cities, towns or viIlBFs. (ConaL Art. IX 53; Municipal Home Rule Law 12)
Tolill~p.
The 1Dla1 wting power of a legislative body. (Municipal Home Rule Law, 1120, 40)
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IMPORTANT: REAO INSTRUCTIONS ON REVERSE SIDE
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)
Southold requests the enactment of Senate bill (No. A.5423 ),
(name) Assembly
. I d" . (strike out one) . db'
enlit e AN ACT to amend the highway law, in relation to the limitatwns on amounts to be flllse y taxes ,or
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)
[2g The local government does not have the power to enact such legislation by local law.
o 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)
[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 SIGNATURE
Joshua Y. Horton
(Print or type name below signature)
Supervisor
(Title ofchiefellecutive officer)
Date:
April 22
,20 04
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
of
Southold
and that on the
20th
(county, city, town or viUage)
April
day of
(name)
20~, such legislative body, at least a ~ of the total membership having voted in favor thereof,
maJonty
approved the foregoing request. (,trike 0",0",' . /ff'Y.~ .,r) 9
(SIgned) CZl_ '~ _h~~
(clerk)
[SEAL OF LOCAL
GO''''''''''''I Elizabeth A. Neville
(print or type name below signature)
Date:
April 22
,20~
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INSTRUCI'lONS
Copl... reqaIred.
Two signed copies of this form, specifying the final bill number and title must be filed with each House
of the Legislature.
EJUlmples:
(a) If the bill has been introduced in only one House of the Legislature, four copies of the req\Jest
form must be filed, i.e., two with the SeDate and two with the Assembly.
(b) H the identical bill has been introduced in both Houses, eight copies of the request form must
be filed, i.e., two with the Senate and two with the Assembly for the Senate bill and the same
for the Assembly bill.
D.te of request.
The signing of a home rule request Ot the adoption of a resolution by the local legislalil'e body approv-
ing such request cannot precede the date on which the bill is actually introduced in the Legislature. In the case
of prefi)ed bills, the actual date of introduction is the first day of the legislalil'e session. The request may be
signed or the resolution adopted the same day as the date of introduction.
Am_ded blUa,
Each time the bill is amended a new request must be filed (with the appropriate number of copies) and the
new request must correctly 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
Tnuumltl8l.
The signed forms should be sent as follows:
To the Senate:
Home Rule Counsel
Senate Post 0Ilic:e
The Capitol
Albany, N. Y. 12224
To the Assembly:
Home Rule Counsel
Assemhly Post 0Ilic:e
The Capitol
Albany, N. Y. 12224
DefinitioD of terms:
Chiq executive of!i""',
In the case of a county, the elective or appoinlil'e chief exec:U1il'e officer, if there be one, or otherwise the
cbairman of the board of supervison; in the case of a city or viIlaF, the mayor (not manager); and. in
the case of a town, the supervisor. (Municipal Home Rule Law 540)
LocDllegislative body.
The board of supervisors, hoard of aldermen, common council, council, commission, town board, board
of trustees or other elective governing board or body ~ by atate statute, charter or other law with
jurisdiction to initiate and adopt local laws or ordinances. (Municipal Home Rule Law 52)
LocDl tpVe~nt.
A county, city, town or viIlaF (Canst Art IX, 13; MunicipaI Home Rule Law 12)
SP<<ial1aw
A atate IlalUte which in telDlS and in effect applies to one or more, hut not all, counties (other than those
wboI1y included within a city) cities, towns or viIlaFs. (Canst Art IX 13; MunicipaI Home Rule Law 12)
ToIIIllMmbenhlp.
The lDIal wtina power of a 1egislalil'e body. (MunicipaI Home Rule Law, 1120, 40)
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THE SENATE
STATE OF NEW YORK
KENNETH P LAVALLE
1ST SENATE DISTRICT
CHAIRMAN. MAIORITY CONFERENCE
CHAIRMAN
COMMITTEE ON HIGHER EDUCATION
325 MIDDLE COUNTRY ROAD
SELDEN, NEW YORK 11784
April 13, 2004
RECEIVED
APR 1 r, Ol"O,~
'\ ..... L,)-.'.
Elizabeth A. Neville
Town Clerk, Town of South old
Town Hall
53095 Main Road, PO Box 179
Southold, New York 11971
South old Town Clerk
Dear Ms. Neville:
Constitutional provisions mandate that certain bills require a Home Rule Request before the
Legislature can act upon them. Senate Bill S.2479/A.5423 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,
Kff(~
Enclosures
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RETRIEVE BILL
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Page I of I
BILL TEXT:
STATE OF NEW YORK
S. 2479
A. 5423
2003-2004 Regular Sessions
SENATE
ASSEMBLY
February 27, 2003
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
The _~~QJ2~_~__ of the State of!,!~~Xo:I:',~",! ,:t:;~~~_~1:;;~}~~l:!!4 in
!?,,;1,y,,!.. do enact: as follows:
Senate and Assem-
------
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, [iR ~k~
8 triiJR& tit R.i--8~lulilai. i'~-ltR~la ~R<ol i'<i1"tln-FivR iR i"lff~llt i'?ul'ty.] in the
9 towns of Camillus, Cicero, DeWitt, Manlius, Onondaga and Salina in Onon-
10 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 ( 1- h) Three ..l:1't!:g4_!='~9__J:J1:9~f?c:t.:g<::1.<::1.Q;l~_c:t.~s" ,J,,:g,!;~~---.!Q~_~___QJ_R;ty:~~~~,c:t.<::1., Bout-
15 ~.Q_~5!__.::t.:r:L4~Q'l!t:;p._~"'p_t:;9:r:L,_,J,~",,~,'l!~~Q! k c Q.\!..l!...~.Y~
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 i~~l~cs (underscored) is new; matter in brackets
[-J is old law to be omitted.
LBD10217-01-3
http://4.23.I83.197:8080/ASMSENlbstfrmel.cgi
4113/2004
RETRIEVE BILL
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SPONSORS MEMO:
NEW YORK ST ATE SENATE
INTRODUCER'S MEMORANDUM IN SUPPORT
submitted in accordance with Senate Rule VI. Sec 1
BILL NUMBER: S2479
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
PURPq~~: 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).
~US!~FICATIOB: 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 Riv~rhead, Southold and Southampton. This
amendment allows these towns to maintain the safety and integrity of
their highways.
LEGISLATIVE HISTORY: New bill
-------....-.-.....---
FISCAL_IMPLICATION~: To be determined
EF~EQ!IVEJD~TE: This act shall take effect on, the first of January
next succeeding the date on which it shall have become a law.
Page 1 of 1
http://4.23.183.197:8080/ASMSEN/bstfrme1.cgi
4/13/2004