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HomeMy WebLinkAboutHighway Law /UDITH T. TERRY TO',~N CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX (516) 765-1823 TELEPHONE (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON FEBRUARY 27, 1990: RESOLVED that pursuant to Article IX of the Constitution, the Town Board of the Town of Southold request the enactment of Assembly bill No. 316- B, entitled "AN ACT to amend the highway law, in relation to the purchase of machinery, tools, implements and equipment without town board approval in towns within Suffolk County. It is hereby declared that a necessity exists for the enactment of such legislation, as the Town Board does not have the power to enact such legislation by local law. Judith T. Terry ~' Southold Town Clerk February 28. 1990 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX (516) 765-1823 TELEPHONE (516) 765-1801 February 28, 1990 Home Rule Counsel Assembly Post Office The Capitol Albany, New York 12224 Dear Sir: Transmitted herewith is home rule request from the Southold Town Board with respect to amended Assembly Bill 3136-B. Very truly yours, Judith T. Terry $outhold Town Clerk Enclosures (2) 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 _...'~Q_WF~..Q~___~__o.~.h___o..~ ................................... o! ...... $.%L_f_~Ql~..._C.o_~rX~y_(~am~) ............................ requests the enactment of Assembly bill(No... 313f~B ...... entitled" AN ACT to amend the highway law, in relation to the purchase of machinery, tools, implements and equipment without town board approval in towns within Suffolk county. It is hereby declared that a necessity exists for the enactment of such legislation, and that thc facts establishing such necessity are as follows: (Check appropriate box) {~ The local government docs not have the power to enact such legislation by local law. [] 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) [] 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) EX 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 ease 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) ................................................................. (chief executive officer) Date: ................... 19 .......... CLERK'S CERTIFICATION I, .. .Jpdi_th _~....__.T_~.U. Ey_ .......................... , do hereby certify that I am Clerk of the ............................ .......... Io.w rL_Boacd ................................................. of the .... _.T___o_w_ .n_ .............................. of .................. $outhold ................................... and that on the . 2_?.th ....... day of __F_~b_c_u~_ry_ .............. 19. 9.0. _ , such legislative body, at leastatw°-thirds. . of the total membership having voted in favor thereof, approved the foregoing request. Date: .... _F:_ _e_ __b_ _r__u_ _a_..r_ y. _ _ .2_8_ ......... 19__9__0_ .... / INSTRUCTIONS Copies required: Two signed copies of. this form, specifying the final bill number and title must be filed with each House of the Legislature · Examples: (a) If the bill has been introduced in 0nly one House of the Legisla~ure, four copies of the request form must be filed, i.e., two with the Senate and two with the Assembly. (b) If 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. Date of request: The signing of a home role request or the adoption of a resolution by the local legislative body approv- ing such request cannot precede the date on which the bill is actually introduced in the Legislature. In the case of preffied bills, the actual date of introduction is the first day of the legislative session. The request may be signed or the resolution adopted the same day as the date of introduction. Amended bills: 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. Transmlttal: The signed forms should be sent as follows: To the Senate: Home Rule Counsel Senate Post Office The Capitol Albany, N. Y. 12224 Definition of terms: To the Assembly: Home Rule Counsel Assembly Post Office The Capitol Albany,. N. Y. 12224 Chic! executive officer~ In the case of a county, the elective or appointive chief executive officer, if there be one, or otherwise the chairman of the board of supervisors; in the case of a city or vffiage, the mayor (not manager); and in the case of a town, the supervisor. (Municipal Home Rule Law §40) Local legislative body. The board of supervisors, board of aldermen, Common council, council, commission, town board, board of trustees or other elective governing 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 §2) Local government. A codnty, city, town or village (Const. Art. IX, §3; Municipal Home Rule Law §2) Special law A state statute which in terms and in effect applies to one or more, but not ail, counties (other than those wholly included within a city) cities, towns or villages. (Const. Art. IX §3; l~unicipal Home Rule Law §2) Total membership. The total voting power of a legislative body. (Municipal Home Rule Law, §§20, 40) ROBERT C. WERTZ Assemblyman 6th District Suffolk County ASSISTANT MINORITY LEADER COMMITTEES Health Mental Health Rules Consumer Affairs & Protection THE ASSEMBLY STATE OF NEW YORK ALBANY RECEIVED FEB 8 1990 Southol~ T ..... ~ February 1, 1990 ALBANY OFFICE [] Room 404 Legislative Office Building Albany, New York 12248 (518) 455-5185 DISTRICT OFFICE [] Hillside Village Plaza Suite 202 50 Route 111 Smithtown, New York 11787 (516) 724-2929 Judith T. Terry, Town Clerk 53095 Main Road Southold, NY 11971 Dear Ms. Terry: We have been informed by the Assembly Journal Clerk's office that our amended Assembly Bill 3136-B needs a new Home Rule Request signed by your office. Enclosed please find the home rule request form, a copy of the amended bill and the amended memo. Thank you for your attention to this matter, and if you have any questions, please do not hesitate to notify my Albany office. Sincerely, ASSISTANT MINORITY LEADER RCW:mr Enclosure STATE OF NEW YORK 3136--B 1989-1990 Regular Sessions IN ASSEMBLY February 8, 1989 Introduced by M. or A. ~ER?Z -- read once and referred to the Comuittee on ?rSnlpOrtetlon -- committee discharged, bill amended, ordered printed es amended end reco~mitted to said committme -- r~coueaitted to the COemittee off Transport&ties in accordance with &liOlbl¥ Rule 3, eec. 2 -- coemittee discharged, bill euended, ordered reprinted as euended end .recom~ltted to auld comeittne AH ACT to emend the highway lev, in relation to thc purchase o[~machin- to, ne within Suffolk county blyf d9 enact es Section I. Subdivieion 1 o£ section 142 of the highway law ie emended 2 by adding · new paragraph c to read es follo~J~ 5 ~h~ to,al COi~ thereof do~i not nxceod eight hundred thoulend ~ollers. 6 wit~9~ th~ affiruatlve vote of the.town b~ard. 7 ~ 2. This act o~ll take e~aect i~diatel~. F~P~NATIOH--Metter in italics (underlco£ed! is new! matter in brackets [ ]le old law to be o~itted. LBD0~787-03-O NEW YORK S~A?E ASSEMBLY ~ MEMORANDU~ ]N SUPPORT OF LEG]III~ATION Bubm~ed in Becordance with Assemb]~u]e ll],{l (~) Bill Number: Assembly 313~-D Sponsors: Members of Assembly: Senators: Introduced at the request of Memo on original draft of bill ~Memo on amended bill Robert C. Wertz Title of Bill: ~ AN ACT to amend the highway law, inrelation to the purchase of machinery, tools, implements and equipment without the approval of the town board within Suffolk county. Purpose or General Idea of Bill: The town board may ~authorize the town superintendmnt to purchase equipment, tools and other implements to be used for highway maintenance,construction or reconstruction provided the total cost of such equipmeht does not exceed $800,000 without the approval of the town boards in the towns within Suffolk County. Summary of Specific Provisions:Subdivision 1 of section 142 of the highway law is amended by adding a new paragraph c. Effects of Present Law which This Bill would alter: This new section would allow the town superintendent in any town in Suffolk County in any one year to purchase machinery, tools, implements and equipment provided the total cost thereof does not exceed eight hundred thousand dollars, without the affirmative vote of the town board. Justification: The price of heavy equipment few years. This bill updates the law by to purchase the necessary equipment at the has soared over the last allowing the superintendent best possible time. Prior Legislative History: 1987 A.5329 Held in Committee Fiscal Imp]lcations for State and Local Governments: on Transportation File: Home Rule ~ NYS Assembly Highway (Town Depts.)