HomeMy WebLinkAboutOrient Mosquito District ~UDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 1 179
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 MARCH 14, 1989:
RESOLVED that pursuant to Article IX of the Constitution, the Town Board
of the Town of Southold requests the enactment of Senate bill No. S.2570,
entitled "AN ACT to amend chapter two hundred forty-six of the laws of
nineteen hundred sixteen, relating to the extermination of mosquitoes and
the establishment of districts therefor, in relation to the amount of the annual
appropriation by the Town of Southold for the Orient Mosquito District"; and
be it further
RESOLVED that it is hereby declared that a necessity exists for the enact-
ment of such legislation, and the Town Board of the Town of Southold does
not have the power to enact such legislation by local law.
March 20, 1989
JUDITH T. TERRY
TO',~q 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) 755o1801
THIS ISr TO CERTIFY THAT THE FOLLOWING RESOLUTIO'N WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON MARCH 14, 1989:
RESOLVED that pursuant to Article IX of the Constitution, the Town Board
of the Town of Southold requests the enactment of Assembly bill No. A.3813,
entitled "AN ACT to amend chapter two hundred forty-six of the laws of
nineteen hundred sixteen, relating to the extermination of mosquitoes and
the establishment of districts therefor, in relation to the amount of the annual
appropriation by the Town of Southold for the Orient Mosquito District"; and
be it further
RESOLVED that it is hereby declared that a necessity exists for the enact-
ment of such legislation, and the Town Board of the Town of Southold does
not have the power to enact such legislation by local law.
Judith T. Terry
Southold Town Cerk
March 20, 1989
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
March 20, 1989
Town Hall, 53095 Main Road
P.O. Box 1179
£outhold, New York 11971
FAX (516) 765-1823
TELEPHONE (516) 765-1801
Home Rule Counsel
Assembly Post Office
The Capitol
Albany, New York 12224
Re: Assembly bill No. A.3813
Senate bill No. S.2570
Dear Sir:
Transmitted herewith are two copies of a Home Rule Request of the
Southold Town Board with respect to Assembly bill No. A.3813, and two
copies of Home Rule Request of the Southold Town Board with respect to
Senate bill No. S.2570, both pertaining to "AN ACT to amend chapter two
hundred forty-six of the Iwas of nineteen hundred sixteen, relating to the
extermination of mosquitoes and the establishment of districts therefor, in
relation to the amount of the annual appropriation by the town of Southold
for the Orient mosquito district".
Very truly yours,
Judith T. Terry
Southold Town Clerk
Enclosures (4)
cc: Sena'tor LaValle
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
March 20, 1989
Home Rule Counsel
Senate Post Office
The Capitol
Albany, New York 12224
Re: Senate bill No. S.2570
Assembly bill No. A.3813
Dear Sir:
Transmitted herewith are two copies of a Home Rule Request of the
Southold Town Board with respect to Senate bill No. S.2570, and two copies
of Home Rule Request of the Southold Town Board with respect to Assembly
bill No. A.3813, both pertaining to "AN ACT to amend chapter two hundred
forty-six of the laws of nineteen hundred sixteen, relating to the extermin-
ation of mosquitoes and the establishment of districts therefor, in relation to
the amount of the annual appropriation by the town of Southold for the Orient
mosquito district".
Very truly yours,
Judith T. Terry
Southold Town Clerk
Enclosures (4)
cc: Senator LaValle
11 '
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 ..................... ~ ................................... of
_?~O-~hO'[~ ........................................ requests the enactment .n,~annmnqf~'S~ena'~te y bill(No..$.25_7Q ......... ),
entitled" AN ~ '~o ~ C. ah. ap'F..~ ~ ~.rg~ed forty-six of
hundred sixteen, relating to the extermination of mosquitoes and the es~hlish-
mant of districts therefor, in relation to the amount of the annual appropriation
by the town of Southold for the Orient mosquito district
/
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.
[] Other fac~s, 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)
[~ 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) .............................................................
(chief executive officer)
(Print or type name below signature)
Date: ..................... , 19 ....... _ ..............................................................
CLERK'S CERTIFICATION
I, ... J uCli_~h. T, T~r r~ ................ do hereby certify that I am Clerk of the
.... Town Boar0 ........................................of the ......... __T_own_
of $outhold .......................................and that on the ._ __l___~th ...... day of .................
19 89- such legislative body, at least.tw°~th!rds of the total membership having voted in favor thereof,
approved the foregoing request.
[
(strike out one)
J._u~lt_ .h__Y.. __Terr~y ................
Print or type name below signature )
INSTRUCTIONS
Copies required:
Two signod copies of this form, specifying the final bill number and title must be flied with each House
of the Legislature.
Examples: ' " "
(a) I~ the bill has been introduced, in only one House of the Legislature, four copies of the re'quest
form must be filed, .i.e., two with the Senate and two With tbe Assembly. " ~ ..-
(b) If the identical bill has been introduced in both'Hours, eight copies of the request.f~rm must,
be filed, i.e., two with the Senate and two with the Assembly for the Senate.bill and ~tbe same
for the Assembly bill.
Date of request:
The signing o~ a home rule request or the adoption of a resolution bythe local legiSlative,body approv-
ing such request cannot precede the date on which the bill is ac~u~aliy introduced in the Legislature. In the case
of prefiled bills, the actual date of introduction is the first day of the legislative sesston. 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 af copies) and the
new request must correctly identity 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
To the Assembiy:
Home Rule Counsel
Assembly Post Office
The Capit~l
Albany, N. Y. 12224
Definition of terms:
Chie! executive o~cer. '2
In the case of a county, the elective or appointive chief executive officer, if there be one, or/Stherwise the
chairman of the board of supervisors; in the case of a city or village, the mayor (not manag6r); 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, commtssion, town board, board
of trustees or other elective governing board or body vested by state statute, charter or otb.er 'law with
jurisdiction to initiate and adopt local laws or ordinances. (Municipal Home Rule Law §2)
Local government.
A county, 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; Municipal Hume Rule Law §2)
Total membership.
The total voting power of a legislative body. (Municipal Home Rule Law. §§20, 40)
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 ...................... ~ .................................. o!
................ ,~:Rl~xold. .................................. requests the enactment o .f'~u~,, bill(No.
^ssemmy
entitled" .Z~ /xx.~ ~0 ~ chapter t~D hundred forty-six of the laws of n/neteen
hundred sixteen, relating to the extezmi~tion of mosquitoes and the ese~lisP~ent
of districts therefor, /n relation to the amount of the anm,~3 app~x~priation by
the town of Southold for the Orient mosquito district
It is hereby declared that a necessity exists for the enactmem 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.
[] 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)
[~ 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 mcm-
bership of the local legislative body, both thc chief executive officer and thc 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) ...................................................................
(chief executive officer)
Date: ............................. 19 ......
CLERK'S CERTIFICATION
I, _ J ud_~13__ T_._:_ _T_er_r¥_ ..................... do hereby certify that I am Clerk of the ..................................
.................. _T o_~t__n____B_oar_d ...................... o! the ................ Iown ................................................
of ................. $gu. tb.o_!_d ............. and that on the ._ _l_ttth ...... day of __March ....................
two-thirds
19 89 . such legislative body, at leasta ]lXa~gxi:qy of the total membership having voted in favor thereof,
approved the foregoing request.
vat~: .... Avtar.~:h__20 ..........
19___89 -.
............ J. udith__T .__.T_erry .................
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 only one House of the. Legislature, 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 musl
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 requ?t:
The signing of a home rule request or the adoption of a resolution by the local legislative body approv-
mg such request cannot precede the date on which the bill is actually introduced in the Legislature. In the case
of prefiled 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.
Transmittal:
The signed forms should be sent as follows:
To the Senate:
Home Rule Counsel
Senate Post Office
The Capitol
Albany, N. Y. 12224
To the Assembly:
Home Rule Counsel
Assembly Post Office
The Capit~l
Albany, N. Y. 12224
Definition of terms:
Chief 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 village, 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 county, city, town or village (Canst. 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 all. counties [other than those
wholly included within a city) cities, towns or villages. (Coast. Art. IX §3; Municipal Home Rule Law §2)
Total membership.
The total voting power of a legislative body. (Municipal Home Rule Law,. §§20, 40)
THE SENATE
STATE OF NEW YORK
IECEIVED
MAR 2 1989
S<,d~old "lc.w...q.~.
February 23, 1989
Mrs. Judith T. Terry
Town Clerk, Town of Southold
Town Hall
53095 Main Road
Southold, New York 11971
Dear Judith:
Constitutional provisions mandate that certain bills require
a Hc~e Rule Request before the Legislature can act upon
them. Senate bill 2570 (Assembly bill 3813) is one such
bill.
We respectfully request that your office complete the
enclosed forms and return thegn to us as soon as possible.
Thank you for your help in this matter.
Sincerely yours,
Ke~e~P. LaValle
Enclosures
STATE OF NEW YORK
S. 2570
1989-1990 Regular Sessions
SENATE - ASSEMBLY
February 16, 1989
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered
printed, and when printed to be committed to the Committee on Local
Government
IN ASSEMBLY -- Introduced by ~. of A. SAWlCKI -- read once and referred
to the Committee on Local Governments
AN ACT to amend chapter two hundred forty-six of the laws of nineteen
hundred sixteen, relating to the extermination of mosquitoes and the
establishment of districts therefor, in relation to the amount of the
annual appropriation by the town of Southold for the Orient mosquito
district
The People of the State of New York~ represented in Senate and Assem-
blyt do enact as follows:
Section 1. Section one of chapter two hundred forty-slx of the laws of
2 nineteen hundred sixteen, relating to the extermination of mosquitoes
and the establishment of districts therefor, as amended by chapter two
hundred twenty-eight of the laws of nineteen hundred eighty-five, is
$ amended to read as follows:
Section 1. The town board of any to~n in the county of Suffolk may
7 establish one or more districts for the purposes of this act within the
8 to~n and outside the boundaries of any incorporated village on the peri-
tlon of a majority of the o~ners of taxable real property in the
10 proposed district. The petition must be signed by the petitioners and
11 acknowledged in the same manner a's a deed to be recorded. Such petition,
12 accompanied with a map showing the boundaries of the proposed dlstrict~
shall be f~led with the town clerk. If any such district be established,
the to~n board shall thereafter include in the annual budget of taxes to
15 be levied by the board of supervisors a sum not exceeding three thousand
16 dollars except that in the town of Southold, the town board shall
EXPLANATION--Matter in itallcs (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LB006290-02-9
s. 2570 2 A. 3813
thereafter include in its annual budget for the Orient mosquito dis-
trlct, established pursuant to this chapter, a sum not exceeding
[fifteen] thirty thousand dollars for the extermination of mosquitoes in
such district, which sum shall be levied by such board of supervisors
upon the property subject to taxation in the district as SO established.
For the purPoso of the levying of such t~x, the board shall apportion
the same pro rata upon such taxable property and transmit s certified
statement thereof to the board of supervisors. Such apportionment shall
be on the basis of the vsluation of SUCh property as fixed by the last
preceding assessment roll of the tOwn. After the boundaries of such dis- '
tract shall have been established, if any farm or lot or the real
property of S corporation or joint Stock association shall have been
divided by any such boundary line, it shall be the duty of the town
sesaors, after fixing the valuation of the whole of Such real property
es no~ required by the law, to determine what portion of such vsluation
ie on account of thst bart of such reel property lying within Such
district.
s 2, Thi.s act shall take effect immediately.
Bill [~x: S~ate S.2570 Assembly A.3813
~ of the Se~: IAV~ZR
M--~-~s of ~ ~%~l¥: Sawicki
Title of B'ill:
AN ACT to amend chapter tw~ hundred forty-six of the laws
of 1916, relating to the extermination of mosquitoes and the es+~hlishment
of districts therefor, in relation to the amount of the annual
appropriation by the Town of Southold for the Orient Mosquito District.
This bill amends chapter 246 of the Laws of 1916 relative
to the ~ount that may be raised for the purposes of the Orient Mosquito
District frc~ $15,000 to $30,000.
Effects of Present Law m~_fch This
Section one of chapter 246 of the laws of 1916, as amended by chapter 228
of the laws of 1985.
Justification:
By way of history, the Orient Mosquito District was
established ~y the Southold Town Board on September 5, 1916, pursuant to
the provisions of Chapter 246 of the Laws of 1916. When first enacted,
this special act provided for an annual levy of $800. Thereafter, this was
increased to $3,000 by chapter 156 of the laws of 1951; to $5,000 by
chapter 1024 of the laws of 1956; to $7,000 by chapter 561 of the laws of
1974; to $10,000 by chapter 902 of the laws of 1981; and to $15,000 by
chapter 228 of the laws of 1985.
The Mosquito District is the only such district in Suffolk
County. It provides for all of the services necessary for the control of
mosquitoes in and around the hamlet of orient. Due to rising costs and
expenses, the District finds it impossible to perform the duty imposed upon
it with its annual budget. Accordingly, the District requests that the
statute be amended to raise frc~ $15,000 to $30,000, the at, ual ~a~unt
which may be expended for mosquito control.
Effecti~ Date: This act shall take effect inmediately.
File:
Home Rule Request ~
NYS Assembly
Orient Mosquito District