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HomeMy WebLinkAboutLL-1988 #07LOCAL LAW A Local Law in Relation to T~SfATION BE ZT ENACTED by the Town Board of 'the Town of Southold as follows: Section 85-2A Js ~nended to read as follows: A. If the income of the o~er or the combined incoale of the owners of the property for the income tax year immediately preceding the date af making application for exemptiom exceeds the the sum of twelve Thousand ~olla~s ($12,000.00). "Income tax year" shall mean the twelve-month period for which the owner or owners filed a federal personal income tax return or, if no r~t~rn is filed, the ~alendar year. Where title is vested in either the husband o~ the wife, their co~ined income may nor exceed such sum. Such income shall include social security and retirement he~efite; interest; dividends; total ga±n froal the sale or exchange of a capita[ asset which may he offset by a loss from the sale or exchange of a capital asset in the same income tax year; net rental income, salary or earnings~ asd the net income from self-employment, but not incl~lding a return of capital, gifts or inheritances. In computing net rental income and net income from self-employment, no depreciation deduction shall be allowed for the exhaustion, we~n and tear of real or personal property held for the production of II. ~is local law shall take effect upon its filing with the Secretary of Bta~e of the State of New York. IPlease U~ this Form for Filing your Local Law with the Secretary o! State} Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter.  SOUTHOLD ........................................ 0[ Local Law No ....... .7. ................ o! the year 19..8.8. ...... A local law..I..N..t~..k%T~.Q~..TO. RA~T Ifl~ ..................................................... (Inset t title) Be it enacted by the ....... .T.O..W.~...B.Q.A.~Q ................................................... of the (Name of Legislative Body) TOwn Of SOUTHOLD . as [ollows: II. Chapter 85 (TAXATION) of the Code of the Town of Southold is amended as follows: Section 85-2.A. is amended to read as follows: ao If the income of the owner or the combined income of the owners of the property for the income tax year immediately preceding the date.of ma~ing application for exemption exceeds the sum of twelve thousand dollars ($12,000.~00). "Income tax year'! shall mean the twelve month period for which the owner or owners filed a personal income tax return or, if no return is filed, the calendar year. Where title is vested in either the husband or the wife, their combined income may not exceed such sum. Such income shall include social security and retirement benefits.; interest; dividends; total gain from the sale or exchange of a capital asset, which may be offset by a loss from the sale or exchange of a capital asset in the same income tax year; net rental income , salary or earnings) and the net income from self-employment, but not including a return of capital, gifts or Lnheritances. In computing net rental income and net income from self employment, no depreciation deduction shall be allowed for the exhaustion, wear and tear of real or personal property held for the production of income. This local law shall take effect upon its filing with the Secretary of State. (If additional space is needed, please attach sheets of the same size as this and number each) (1) (Complete the certification in the paragraph which applies to the filing of this local law and strike~out the matter therein which is not applicabi,e..) 1. (Final adoption by locallegislative body only.) I hereby certify that the local law annexed hereto, designated as local law No...7 ...... of 19 ..8..8__ of the Town of $O.tlTN.O. IA> ...... was duly passed by the. ?.O.~. on g_pr ± 1 5 19 .8..8......in accordance with the applicable provisions of law. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer,* or repassage after disapproval.) I hereby certify that the local law annexed hereto, designated as local law No ..........of 19 ........ County City of the Town of ................ Village was duly passed by the ......................................... (Name of Legislative Body) not disapproved and was approved repassed after disapproval by the ............................ Elective Chief Executive Officer* and was deemed duly adopted on .................................. 19 ........ , in accordance with the applicable provisions of law. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No .........of 19 ........ County _. City ot tine Town of ................ Village on ............................. 19 ........ was duly passed by the ............ , ........................ - .... (Name of Legislative 8ody) not disapproved and was approved repassed after disapproval by the ............................ Eleclive Chief Executive Officer* on .................................. 19 .......... Such local law was submitted to the people by reason of a mandatory permissive referendum, and received the affirmative vote of a majority of the qualified electors voting general thereon at the special election held on ............................. ! 9 ......... in accordance with the applicable annual provisions of law. (Subject to permissive referendum, and final adoption because no valid petition filed requestingreferendum.) I hereby certify that the local law annexed hereto, designated as local law No .........of 19 ........ County _. City ot tl~e Town of ................ Village was duly passed by the ......................................... (Name of Legislative Body) not disapproved and was approved repassed after disapproval by the ............................ Elective Chief Executive Officer* on .................................. 19 .......... Such local law being subject to a permissive referendum and no valid petition requesting such referendum having been filed, said local law ~vas deemed duly adopted on ............................. 19 ......... in accordance with the applicable provisions of law. *Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, if there be none, the chairman of the county legislative body, the mayor of a city or village or the supervisor o! a town where such officer is vested with power to approve or veto local laws or ordinances. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No .........of 19 ........ of the City of ................................. having been submitted to referendum pursuant to the provisions ofg~ of the Municipal Home Rule Law, and having received the affirmative vote of a special, majority of the qualified electors of such city voting thereon at the general election held on ............ ............ 19 ......... became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No ......... of 19 ......... 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 Municipal 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. (lf any other authorized form of final adoption has been followed, please provide an appropriate certifica- tion.) 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 finally adopted in the manner indicated in paragraph ...1. ........ above. Date: April 8, 1988 Cou~nty legislative body, City, T~,~or Village Clerk or of the officer designated by local legislative body JUDITH T. TERRY, Town Clerk (Seal) (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized Attorney of locality.) STATE OF NEW YORK SUFFOLK COUNTY OF ................................. 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. · .q .~..e..s. ?. :..z..c.h.q .n.d.e..b.~.r..e ~.. ?p?..n..~..e.e.o.r..n.e.~,.. Title Date: April 8, 1988 Town of S.°.u..~.h.o..1.d. ........................ (3) PUBLIC HEARING SOUTHOLD TOWN BOARD APRIL 5, 1988 8:10 P.M. IN THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO TAXATION" Supervisor Francis J- Murphy Justice Raymond I~. Edwards Councilwoman Jean W. Cochran Councilman George L. Penny IV Councilwoman Ruth D. OlJva Councilwoman Ellen M. Larsen Town Clerk Judith T. Terry Town Attorney James A. Scl]ondebare SUPERVISOR MURPHY: This is a hearing on a proposed "Local Law in Relation to Taxation", and it's concerning the increase in the exemption for senior citizens. The official notice to be read by Councilwoman Jean Cochran. Jean. COUNCILWOMAN COCHRAN: "Legal Notice, Notice of Public Hearing on Local Law. Public Notice is hereby given that there has been presented to the Town Board of theTown of Southold, Suffolk County, new York, on the 22nd day of March, 1988, a Local Law entitled, "A Local LoW in Relation to Taxation_" Notice is further given that the Town Board of the Town of Soutbold will hold a public hearing on the afore- said Local Law at the Southold Town Hall, Main Road, Southold, New York, on the 5th day of April, 1988, at 8:10 o'clock P-M., at which time all interested persons will be heard. This proposed "Local Law in Relation to Taxation" reads as follows: BE IT ENACTED by:the Town Board of the Town of Southold as follows: (additions indicated by underline, deletions by [brackets]. Chapter 85 (Taxation) of the Code of the Town of Southold is amended as follows: I. Section 85-2.A. is amended to read as follows: A. If ~he income of the owner or the combined income of the owners of the property for the income tax year immediately preceding the date of making application for exemption exceeds the sum of [nine thousand dollars ($9,000.)] twelve thousand dollars [$12,000-). "Income tax year" shall mean the twelve-month period for which the owner or owners f~led a federal personal income tax return or, if no return is filed, the calendar year. Where title is vested in either the husband or the wife, their cornbined income may not exceed such sum. Such income shall include social security and retirement benefits; interest; dividends; total gain from the sale or exchange of a capital asset which may be offset by a loss from the sale or exchange of a capital asset in the same income tax year; net rental income, salary or earnings; and the net income from self- employment, but not including a return of capital, gifts or inheritances. In computing net rental income and net income from self-employment, no depreciation deduction shall be allowed for the exhaustion, wear and tear of real or personal property held rot the production of income. :ag~ :2 LL -Taxation il. This local law shall take effect upon its filing with the.S~cretary of SLate of the State of New York- Copies of said Local Law are available in the Office of the Town Clerk to any interested persons during business bouts. Dated: March 22, 1988. Judith T. Terry, Southold Town Clerk." I have an affidavit from The Long Island Traveler-Watchman that it has been printed. From The Suffolk Times_ And also an affidavit from the Town Clerk Judith Terry that it has been posted on tl~e Town Clerk's Bulletin Board. There is no further correspondence. SUPERVISOR MURP~I¥;:: ' Thank yom. Jean. You've heard the reading on this proposed Local Law- Is there anyone here who would like to speak on behalf of this Local ED SIEGMANN: Ed Siegmann, from Mattituck Senior Citizens. I'm rising in behalf of the Mattituck Senior Citizens CLub, and we are in favor of the Loca! Law, and I don'~ want to take a lot of time to tell the reasons why;. because you beard them from us when we met with you about two months ago, but we a~e definitely in favor of it. iSUPERVISOR MURPHY: Thank you, Ed. Is there anyone else here wi]o;would like ~o address the Town Board on this proposed Local Law, in favor of it? (No response.) ~nyo~e in opposition to it? (No response.) Anyone like to make any comments at all? (No response_) Any member of the Town Board? (No response.) I would iust like, again, to thank the senior citizens, the leaders of the clubs, for f~l-inging ~his to our attention and making us aware of the need for raising .this exemption. So at thi~ tbne I~11 close the public hearing- Judith T. TerKy ~' Southold Town Clerl~ STATE OF NEWYORK ) ) $S: COUNTY OF SUFFOLK ) said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, ~0u~llshed at Greenport, in the Town of Southold, County of Suffolk end State o! New York, end that the Notice of which the annexed Is a printed copv, has been regularly published in Pr;nc~t;rk Sworn to b~r= ~ Jhis ~ COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, sa~,,s that ~he is Lhe Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public ne~paper printed at Soutbold, i~ Suffolk Count~; .~nd lhat the notice of which the annexed ;~ ~ pr;n~e~ copy, has been published in said L,mg I~lznd Taa',e[er-Wzt~hman succe~Jiveb,, commencing on the .......... ~ ........ ...... /"?? ~. ;'n ......... ~ 9.