HomeMy WebLinkAboutLL-1987 #03 LOCAL LAW NO. 3 1987
A Local Law to establish Sewer Rents
in the Fishers Island Sewer District
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Chapter 76 of the Code of the Town of Southold is hereby amended by
adding a new article thereto, to be Article II, to read as follows:
Article II
Sewer, Rents
Section 76-20. Purpose
Pursuant to the provisions of Article 14-F of the General
Municipal Law, the Town Board, acting for and on behalf of the
Fishers Island Sewer District (FISD) does hereby establish a scale
of annual charges to be called "sewer rents" for the use of the
sewer system within the FISD.
Section 76-21. Sewer Rents
In addition to any and all other fees and charges provided
by law, the owner of a parcel of land served by the sanitary sewer
system of the FISD shall pay an annual sewer rent for the use of
such sanitary sewer system, which shall be based upon an annual
charge of one hundred fifty ($150) Dollars for each separate dwelling
unit served by the system. Such annual sewer rents shall be paid in
semi-annual installments of seventy-five ($75) dollars on the first days
of January and June of each year.
If such sewer rents are not paid within 30 days of the due date,
a penalty of 5% shall be paid.
Section 76-22 Liens
Sewer rents shall constit'ute a lien upon the rea[ property
served by the sewer system or such part or parts thereof for
which sewer rents shall have been established or imposed. The lien
shall be prior and superior to every other lien or claim except the
lien of an existing tax, assessment or other lawful charge imposed
by or for the state or a political subdivision or district thereof.
Section 76 23 Actions to Collect Rents
The Town Board, on behalf of the sewer district, may bring
and maintain an action (a) as upon contract for sewer rents in
arrears, including penalties and ~interest, or (b) to foreclose liens
for such sewer rents. As an alternative to the maintenance of any
such action, the Town Board may annually cause a statement to be
prepared setting forth the amount of each lien for sewer rents in
arrears, the real property affected thereby and the name of the person
in whose name such real property is assessed. Such statement shall
be presented to the board or body empowered to levy town taxes, on
or before a date to be specified by such board or body. Such board
or body shall levy the amounts contained in such statement a9ainst
the real property liable at the same time and in the same manner as
town taxes, and such amounts shall be set forth in a separate
column in the annual tax rolls. The amounts so levied shall be
collected and enforced in the same manner and at the same time as
may be provided by law for the collection and enforcement of town
taxes.
Section 76-24 Sewer Rent Fund
Revenues derived from sewer rents, including penalties and
interest, shall be credited to a special fund, to be known as the
"sewer rent fund". Moneys in such fund shall be used in the
following order:
1. For the payment of the costs of operation, maintenance and
repair of the sewer system or such part or parts thereof for which
sewer rents have been established and imposed.
2. For the payment of the interest on and amortization of, or
payment of, indebtedness which has been or shall be incurred for the
construction of the sewer system or such part or parts thereof for
which sewer rents have been established and imposed (other than
indebtedness, and the interest thereon, which is to be paid in the
first instance from assessments upon benefited real property).
3. For the construction of sewage treatment and disposal works
with necessary appurtenances, including pumping stations, or for the
extension, enlargement or replacement of, or additions to, such sewer
systems, or part or parts the. reof.
Such revenues from sewer rents shall not be used (1) to finance the
cost of any extension of any part of a sewer system (other than any
sewage treatment and disposal works with necessary appurtenances,
including pumping stations) to serve unsewered areas if such part has
been constructed wholly or partly at the expense of real property
especially benefited, or (2) for the payment of the interest on, and
the amortization of, indebtedness which is to be paid in the first instance
from assessments upon benefited real property.
This Local Law shall take effect upon its filing with the Secretary of
State.
Date: 5/8/87
l~ar Sir/Madam
Please be advised thai Lo~al Law(s) No. ~'' ' ~1, 2 & 3
of_. 1987of the To~n of Southold
was/were received and filed on__ 4/3/87
Additional forms for filing local laws with this office will be forwarded upon
Southold Town Clerk
NYS Depanmenl of Stale
Bureau of Stale Record~
(Please Use this Form for Filing your Local Law with the Secretary of State)
Text of law should be given as amended. Do not use brackets for matter to be eliminated and do not
use italics for new matter. ~..:
of Southold
............................................................................................................................
Local Law No ........................ ..3. ................................ of the year 19 1~/. .......
to establish sewer rents in the Fishers Island Sewer District '-
local law ..................................................................................................................................................................................
(la. eft tltls) :, ..:
Town Board
Be it enacted by the of the
(]~Isme of Legislative Bod)~)
t~i~ _f Southold '
Town u .............................................................................................................................................................. a~ follows:
Chapter 76 of the Code of the Town of Southold is hereby amended by :!:-
adding a new article thereto, to be Article II, to read as follows: ': '~
Article II
Sewer, Rents
Section 76-20. Purpose
Pursuant to the provisions of Article 14-F of the General
Municipal Law, the Town Board, acting for and on behalf of the
Fishers Island Sewer District (FISD) does hereby establish a scale
of annual charges to be called "sewer rents" for the use of the
sewer system within the FISD.
Section 76-21. Sewer Rents
In addition to any and all other fees and charges provided
by law, the owner of a parcel of land served by the sanitary sewer
system of the FISD shall pay an annual sewer rent for the use of
such sanitary sewer system, which shall be based upon an annual
charge of one hundred fifty [$150) Dollars for each separate dwelling
unit served by the system. Such annual sewer rents shall be paid in
semi-annual installments of seventy-five ($75) dollars on the first days
of January and June of each year.
If such sewer rents are not paid within 30 days of the due date,
a penalty of 5% shall be paid.
Section 76-22 Liens
Sewer rents shall constitute a lien upon the real property
served by the sewer system or such part or parts thereof for
which sewer rents shall have been established or imposed. The lien
shall be prior and superior to every other lien or claim except the
lien of an existing tax, assessment or other lawful char~ge imposed
by or for the state or a political subdivision or district thereof.
additional ~pace is needed? please attach sheets of the same size as this and number each)"~,
Section 76-23 Actions to Collect Rents
The Town Board, on behalf of the sewer district, may bring
and maintain an action (a) as upon contract for sewer rents in
arrears, including penalties and ~interest, or (b) to foreclose liens
for such sewer rents.- As an alternative to the maintenance of any
such action, the Town Board may annually cause a statement tobe
prepared setting forth the amount of each lien for sewer rents in
arrears, the' real property affected thereby and the name of the person
in whose name such real property is assessed. Such statement shall
be presented to the board or body empowered 'to levy town taxes, on
or before a date to be specified bY such board or body. Such board
or body shall levy the amounts contained in such statement against
the real property liable at the same time and in the same manner as
town taxes, and such amounts shall be set forth in a separate
column in .the annual tax rolls. The amounts so levied shall be
collected and enforced in the same manner and at the same time as
may be provided by law for the collection and enforcement of town
taxes.
Section 76-24 Sewer Rent Fund
Revenues derived from sewer rents, including penalties and
interest, shall be credited to a special fund, to be known as the
"sewer rent fund". Moneys in such fund shall be used in the .
following order:
1. For the payment of the costs of operation, maintenance and
repair of the sewer system or such part or parts thereof for which
sewer rents have been established and imposed.
2. For the payment of the interest on and amortization of, or
payment of, indebtedness which has been or shall be incurred for the
construction of the sewer system or such part or parts thereof for
which sewer rents have been established and imposed (other than
indebtedness, and the interest thereon, which is to be paid in the
. ~:.fi.rst instance from assessments upon benefited real property).
3. For the construction of sewage treatment and disposal works
with ~necessary appurtenances, including pumping stations, or for the
extension, enlargement or replacement of, or additions to, such sewer
systems, or part or parts thereof.
Such revenues from sewer rents shall not be used (1) to finance the
cost of any extension of any part of a sewer system- [other than any
sewage treatment and disposal works with necessary appurtenances,
including pumping stations) to serve unsewered areas if such part has
been constructed wholly or partly at the expense of real property
especially benefited, or (2) for the payment of the interest on, and
II.
the amortization of, indebtedness which is to be paid in the first instance
from assessments upon benefited real property. ---
This Local Law shall take effect upon its filing with the Secretary of
State.
(ConI cte thc certification inthe paragraph which applies to the filing of this local law and strike out the
m~tttcr therein wi,ich is m~l apldicahh;.)
(Final adoption by lacal legish,tiw~' body only.)
1. I hertd}y c~qqlfy that iht. local law atmoxed hereto, &~signated as local law No ......... ~ ........ of 19.~.~....
~ ~ 'Southold
off th~a Town o~ ...................................... was duly passed by the Town Board
(Name of Legislative llodr)
on ........ March..23 ................... 19...B.~ in accordance with the applicable provisions of law.
(Passagc by local legishttiw; body with approval or no disapproval by. Elective Chief Executive Officer
or rcDassage after tlisapprowtl.)
2. I hereby c~'rtify that the local law annexed hereto, desigmatedas local law No ..................... of 19 ........
(~ouuly
of the TownCity of .................. ' .................... was duly p~ssed by ............................................................................................
Village (~m~ of Legislative Body)
not disapproved
on .................................................. 19 ........ and was approved by the ........................................................
repassed after disapproval Elective Chiaf b;xeeuti~* ~fieer
and was deemed duly adopted on ....................................................... 19 .........in accordance with the applicable
>revisions of law.
(Final adoption by referendum.)
3. I heft.by certify that the local law annexed hereto, designated as local law No ...................' of 19 ..........
County
of the City of ...................................... was duly passed by the .......................................................................................
TOWll (Name of l.egislative Body)
Village
not disapproved
on ................................................... 19 ........ and was approved- by the ...............................................................
repassed after disc pproval Elective Chief ll~xecutive Officer
on .......................... .] .......................................... 19. ........ Such local law was submitted to the people by reason of a
mandatory
permissive referendnm and received the affirmative vote of a majority of the qualified electors voting
general
thereon at [lie special election held on ...................................................... 19 ...... , iii accordance with the appli-
annual
cable provisions of law.
(Subject to permissive referendum and final 'adoption because no valid petition filed requesting
referendum .)
4. I hereby certify that the local law annexed hereto, designated as local law No ................... of 19 ..........
Connty
City
0f the Town of ...................................... was duly passed by the ............................... ':..' ............................................ on
(Nl~rlle of l,egislatlve nody)
Village.
riel disapprovetl
...................................................... lt) ........ and was approw,d by the. ........................................................ oil
repassed after disapproval I,;h.cliw. Chief Exet:utiw. Offic,'r
............................................................. 19 ......... Such local law being md~jccl to a i,q'missiv~, n.fcrmtdnm and
valid in.lilion rmlm'Sling such r*'f~q'~.ndunl having I..cn fih,,l, said I.cal law was ,h,i,m~,d duly adOl}lp, Iou
...................................................................... 19. ., in accordance wilh the applical,le provisions of law.
*Elective Chief Executive Officer means or includes the chief executive officer of a couuty elected
on a eouutyowide basis or if there be none the chairman of the board of supervisors, the mayor of a
city or village or the supervisor of a town. where such officer is vested with power to approve or
veto local laws or ordinances.
(City local I.w cont:crniag Charter revisioa proposed hy potitioa.)
5. I horcb~ ccrlify thai the Io6al law annexed hereto, designated as local law No .......... ; ...... ;... of I9 ........
of tim City of .......................................................................... having btam sabmitted to r~tfer~mdum pursuant to the
36
provisions of ~ 37 of the Municipal Ilome lhde I,aw and having received the affirmative vote of a majority
special
of the qaalified electors Of such city voting thereoa at the general election held on ..................................
................ 19 ............ became operative.
(County local law concerning adoption of Charter. !
6. I hereby certify that the local law annexed hereto, designated as Local Law No ....... of 197 ....of the
County of .... ..................................... State of New York, having been submitted to the Electors at the
General Election of November ........... 19 ........... pursuant to subdivisions 5 and 7 of Section 33 of the Muni-
cipal Home Rule Law and having received the affirmative vote of a majority of the qualified electors of the
cities of said county as a unit and of a majority of the qualified electors of the towns of said county
considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been [ollawed, please provide an appropriate
eertifieation.l
I further certify that I have compared the preceding local law with the original on file in this office
and that the same is a correct transcript therefrom and of the whole of such original local law, and was
fina!ly adopted in the manner indicated in paragraph .............. : ............. above.
designated hy I.oca! l.egislatiCe..~qod¥
.Judith T. Terry, Town Clerk
Date: March 27, 1987
(Certification to be executed by County A3torney, Corporation Counsel, Town Attorney, Village Attorney
or other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF ....~...U..F..F..Q..L[~ ...........................
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all
proper proceedings have been had or taken for the enactment of the local law annexed hereto.
............................. · ...........
or ......... .S.°.?..°.!..q ....................................
Town
Dated: March 27, 1987
PUBLIC HEARING
SOUTHOLD TOWN BOARD
March 24, 1987
8:10 P.M.
IN THE MATTER OF A PROPOSED LOCAL LAW ENTITLED "A LOCAL LAW TO
ESTABLISH SEWER RENTS IN THE FISHERS ISLAND SEWER DISTRICT".
Present:
Supervisor Francis J. Murphy
Justice Raymond W. Edwards
Councilman Paul Stoutenburgh
Councilman James A. Schondebare
Councilwoman Jean W. Cochran
Councilman George L. Penny IV
Town Clerk Judith T. Terry
SUPERVISOR MURPHY: This~is a public hearing on a "Local Law to Establish
Sewer Rents in the Fishers Island Sewer District." Councilman Penny will do the
official reading.
COUNCILMAN PENNY: "PUBLIC NOTICE is hereby given that there has been
presented to the Town Board of the Town of Southold, Suffolk County, New York,
on the 10th day of March, 1987, a Local Law entitled, "A Local Law to establish
Sewer Rents in the Fishers Island Ferry District." Notice is further given that
the Town Board of the Town of Southold will hold a public hearing on the aforesaid
Local Law at the Sou~hold Town Hall, Main Road, Southold, New York, on the 24th
day of March, 1987, at 8:10 o'clock P.M., at which time all interested persons will
be heard. The purpose of this proposed Local Law is as follows: Pursuant to the
provisions of Article 14-F of the General Municipal Law, the Town Board, acting
for and on behalf of the Fishers Island Sewer District does hereby establish a scale
of annual charges to be called "sewer rents" for the use of the sewer system within
the Fishers Island Sewer District. In addition to any and all other fees and charges
provided by law, the owner of a parcel of land served by the sanitary sewer system
of the Fishers Island Sewer District shall pay an annual sewer rent for the use of
such sanitary sewer system, which shall be based upon an annual charge of one
hundred fifty ($150.) Dollars for each separate dwelling unit served by the system.
Such annual sewer rents shall be paid in semi-annual installments of seventy-five
($75.) Dollars on the first days of January and June of each year. Further, this
proposed Local Law provides for Liens, Actions to Collect Rents, and a Sewer Rent
Fund. Copies of said Local Law are available in the Office of the Town Clerk to
any interested persons during business hours. Dated: March 10, 1987. Judith T.
Terry, Southold Town Clerk.
I have an affidavit of publication from The Long Island Traveler-Watchman. A
similar affidavit of publication from The Suffolk Times. I have an affidavit of posting
from the Town Clerk that this has been posted on the Town Clerk's Bulletin Board.
There are no further communications.
I~age 2 - LL - FI Sewer ReT~
SUPERVISOR MURPHY: Thank you, George. You've heard the official reading.
there anyone in the audience would Ilke to comment on this proposed Local Law?
on the lel~t? In the middle? On the right? (No response.)
like to comment?
JUSTICE EDWARDS: We're all Commissioners.
SUPERVISOR MURPHY:
TOWN CLERK TERRY:
SUPERVISOR MURPHY:
I will close this public hearing.
We are all Commissioners.
And I'm the rent collector.
And Judy collects the money.
Over
Any Town Board members
If there are no other comments,
Judith T. Terry
Southold Town Clerk
PUBLISHER'S CERTIFICATE
LEGAL No. 824
Town of Southold
Notice of Public Hearing
State of Connecticut
County of New London,
)
) ss. New London
On this 23rd day of March
newspaper
London, State
states on oath,
A.D. 19 87~ personally appeared before the undersigned,
a Notary Public, within and for said County and State,
J,L. Zielinski. LeGal Adv. Clerk
of THE DAY, a daily evening
published at New London, County of New
of Connecticut, who being duly sworn,
that the Order of Notice in the case of
Legal advertisement # 824
a true copy of which
is hereunto annexed, was published in said newspaper in
its issues of the 19th
days of March A.D. 1987.~
Subscribed and swor~ berG e/me this 23rd
day of March A.D. 1987.
Notary Public.
LEGAL NOTICE
· ~ ~o'ric. E oF >
· O.N.LOCAL,~LAW
PUBLIC NO'ICE is he.by
given ,~ ~er~ has ~n
~ to (he ~gwn ~d of
the T~n o~ ~u~ld, Suffolk
t~ Tow~ of'~mhold ~] hold
a pubhc he~ing on th~
aloud ~al ~w at th~
Southo~ T~n Ha~, ~
~:10 o c~ ~., ~t ~ch
~ h~d.
~e pu~ ~ th~ pro~-
~ ~ ~w~ f~l~s~ ~r-
'cl~ 14-F o~ tke
M~ni~l ~ tha Tow~
of the Fil~rJ ]~ ~er
Dig~ d~ hereby ~ a
of the ~ s~em wi~in the
F~e~ i~nd ~wer Di~tfi~.
la ~oa to any ~ ~1
o~her f~ and char~es ~ovid-
~ by law, ~ o~ers of a
~1 of ~ ~ h~ the
~ ~w~ sy~m of ~e
Fi~r~ I~ ~r. ~
for the ~ of s~ ~t~y
~w~ s~ uh~.s~ be
~ u~ ~ of
one hunted f!~Y ($150)
i~ unit ~ by ~ system.
of ~ty-five (~5.) ~ On
the fir~ ~ o~ J~y ~d
Ju~ of ~h y~r.
F~, th~ pro~ ~ca]
~w p~ f~ Li~.~io~
to Col~ R~t~, a~ a ~w~
Rent F~.
av~ble in the O~ ~f ~
T~n ~erk ~ any inter~t~
~s duri~ ~n~s hours.
JUDI~'T. TERRY,
SOU~OLD TOWN CLERK
COUNTY OF SUFFOLK
STATE OF NEW YORK
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said Long Island Traveler-Watchman
once each week for ..................... ./ ..... weeks
successively, commencing on the ......... ./.K . ..
da~19,v o~~?:-'.~. ~'~ .--...~ .........
Sworn to before me this ..................... day of
.................. 19.
Notary Public
BARBARA FORBES
Notary Public, State of New York
No. 48~846
Qualified in Suffolk County
Commission Expires ~.z'~.,f..~/19 ~~,4~
LEGAL NOTICE
NOTICE
OF PUBLIC HEARING
ON LOCAL LAW
PUBLIC NOTICE is hereby
given that there has been pre-
sented to the Town Board of the
Town of Seuthold, Suffolk
County, New York. on the 10th
day of March, 1987, a Local Law
entitled, "A Local Law to estab-
Hah Sewer Rents in the Fishers
Island Sewer District."
NOTICE IS FURTHER given
that the Town Board of the Town
of Seuthold will hold a public
hearing on the aforesaid Local
Law at the Southold Town Hall,
Main Road, Seuthold. New
York, on the 241h day o£March,
1987. at 8110 o'clock PM,, aL
which time all interested per-
sons will be heard.
The purpose of this proposed
Local Law is as follows: Pur-
suant to the provisions of Article
14-F of the General Municipal
Law, the Town Board acting for
and on behalf of the Fishers Is-
~md Sewer District does hereby
e~tablish a scale of annual
charges to be called "~ewer
rents" for the use of the sewer
system within the Fishers Island
Sewer District.
In addition to any and all
other fees and charges provided
by law. the owner of a parcel of
land served by the sanitary
sewer system of the Fishers Is-
land Sewer District shall pay an
annual sewer rent for the use of
sanitary sewer system, which
shall be based upon an annual
charge of one hundred fifty
($150.~ Dollars for each separate
dwelling unit served by the sys-
tem. Such annual sewer rents
shall be paid in semi-annual in-
stallments of seventy-five ~$75.1
Dollars on the first days of Janu-
ary and June of each year.
Further, this proposed Local
Law provides for Liens, Actions
to Collect Rents. and a Sewer
Rent Fund.
Copies of said Local Law are
available in the Office of the
Town Clerk to any interested
persons during business hours,
DATED: March 10, 1987
JUDITH T. TERRY
SOUTHOLD TOWN CLERK
1TM19-5535
STATE OF NEW YORK )
! SS:
COUNTY OF SUFFOLK )
CarolAnn Sgarlata ofGreenport, in
said County, being duly sworn, says that he/she is
Principal Clerk of THE SUFFOLK TIMES, a Weekly
Newspaper, published at Greenport, in the Town
of Southold, County of Suffolk and State of New
York, and that the Notice of which the annexed is
a printed copy, has been regularly published in
said Newspaper once each week for ~n~
weeks successively, commencing on the ~-9
dayof March 19 87_
~ ~ ~ ~' Principal(Cl~rk
~ / ~ '~ NOTA ~ K, DEGNAN
// ' :/ / ~ RYPUBLIC ~teofN~Y~
~~ ~~ ter., exp,res Februa~l~