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HomeMy WebLinkAboutLL-1988 #28LOCal .LAW NO. 28 - !988 A Local Law providing for a Four Year Term of office for the Superintendent of Highways BE IT ENACTED by the Town Board of the Town of Southold as follows: Section 1. The term of office of the Superintendent of Highways shall be four years. Section 2. This local law shall supersede section twenty-four of the town law, insofar as it is inconsistent with such section. Section 3. A proposition for the approval of this local law shall be submitted to the electors of the town of Southold at the general election to be held in November, nineteen hundred eighty-eight, and this local law shall become operative only if approved by the affirmative vote of a majority of the qualified electors voting upon such proposition. Section 4. If this local law is approved by the affirmative vote of a majority of the qualified electors of the town voting thereon at said general election, any of the town officers mentioned in section one hereof elected at a biennial town election held after this local law takes effect shall hold office for a term of four years commencing on the first day of January next succeeding such election. NYS DepartT~,;t o f S tare Bureau of St Records 162 Washing~6n Avenue Albany, NY 12231-0001 To~ of Southold To~e~ Hall 53095 >fain Road P.O. Box 1179 Southold, ~ 11971 (Please Use this Form Ior Filing your Local Law with the Secretary of 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. ~ of SOUTHO LD ................. Town ........................................ Local Law No ...... 2.§ ................. of the year 19 .8.8. ....... A local law providinCl for a Four Year Term 'of Office for tb.e. Super. ip. te.n.~l.e.n.t..o.f. :l:JjgJ~.~/.ays (insert title) Be it enacted by the ...T.o..w.n...B..oa.r.d. ........................................................ of the (Name of Legislative Body) Town Southold as follows: Section 1. The term of office of 'the Superintendent of Highways shall be four years. Section 2. This local law shall supersede section twenty-four of the town law, insofar as it is inconsistent with such section. Section 3. A proposition for the approval of this local law shall b.e.submitted to the electors of the town of Southold at the general election to be held in November, nineteen hundred eighty-eight, and this local law shall become operative only if approved by the affirmative vote of a majority of the qualified electors voting upon such proposition. Section. 4. If this local law is approved by the affirmative vote of a majority of the qualified electors of the town voting thereon at said general election, any of the town officers mentioned in section one hereof elected at a biennial town election held after this local law takes effect shall hold office fbr a term of four years commencing Ont he first day of January next succeeding such election. (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.) I. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No ......... of 19 ........ County _. City o! tl~e Town of ................ was duly passed by the ......................................... (Name of Legislative Body) Village on ............................. 19 ........ '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.) of the on ............................. 19 ........and was approved repassed after disapproval I hereby certify that the local law annexed hereto, designated as local law No .......... of 19 ........ County City Town of ................ was duly passed by the ......................................... (Name of Legislative Body) Village not disapproved by the ............................ Elective Chief Executive Officer* and was deemed duly adopted on .................................. 19 ........ , in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No.. 2. .8 ..... of 19 .I~B.... of the T~own__.. of .... on .... .A..u. g .q .s.t...2..3. ......... 19 .a..8~ .... was duly passed by the .'J'.o?..n..~p.a.r.d. ........................... (Name of Legislative Body) Elective Chief Executive Officer* ~x ......... .x.~.x..x. ................. I~ .......... Such local law was submitted to the people by reason of a mandatory ~l~iK~,0exreferendum, and received the affirmative vote of a majority of the qualified electors voting general thereon at the ~vkeleclion held on ...DI.~.y.~.~E..t3..~ ..... 19 13.~.:..., in accordance with the applicable provisions of law. 4. (Subject to permissive referendum, and final adoption because no valid petition filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No ......... of 19 ........ County of the n of ................ was duly passed by the ............ ~ &'L'e~i's~i,~/~/o~)' ........... Village not disapproved on ............................. 19 ........and was. ap. proved by the ........................... repassea after disapproval ~ecfive 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 was deemed duly adopted on ............................. 19 ......... in accordance with the applicable provisions of law. *Elective Chief Executive Officer means or includes the chief executive officer o! a county elected on a county-wide basis or, i! there be none, the chairman of the county legislative body, 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. (2) {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 of ~I~ 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. (If 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 ...... ~. ..... above. Date: November 28. 1988~ Co ntyleg'sat' ebody, City, To~rVillageClerkor officer designated by local legislat~e 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 COUNTY OF ..S..U..F..F..O..L..K. .................. 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. · Signature ... J..a.m.e..s..A. :..S.c.h.o..n .d.~.b, a, .rg:' .T..o.w.n...A.t.t 9.r.n.e.y' ...... Title Date: November 28, 1988 ~ of Southold Town .................................. PUBLIC HEARING SOUTHOLD TOWN BOARD August 23, 1988 3:37 P.M. IN THE MATTER OF A PROPOSED "LOCAL LAW PROVIDING FOR A FOUR YEAR TERM OF OFFICE FOR THE SUPERINTENDENT OF HIGHWAYS". Present: Supervisor Francis J. Murphy Justice Raymond W. Edwards Councilwoman Jean W. Cochran Councilman George L. Penny IV Councilwoman Ruth D. Oliva Councilwoman Ellen M. Larsen Town Clerk Judith T. Terry SUPERVISOR MURPHY: This is a hearing on a proposed "Local Law Providing for a Four Yea.- Term of Office for the Superintendent of Highways." The official notice to be read by Councilwoman Ellen Larsen. COUNCILWOMAN LARSEN: "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 9th day of August, 1988, a Local Law entitled, "A Local Law Providing for a Four Year Term of Office for the Superintendent of Highways". 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 Southold Town Hall, Main Road, Southold, New York, on the 23rd day of August, 1988, at 3:37 o'clock P.M. and at 7:32 o'clock P.M., at which time all interested persons will be heard. This proposed "Local Law Providing for a Four Year Term of Office for the Superintendent of Highways" reads as follows: BE IT ENACTED by the Town Board of the Town of Southold as follows: Section 1. The term of office of the Superintendent of Highways shall be four years. Section 2. This Local Law shall supersede Section twenty-four of the Town Law, insofar as it is inconsistent with such section. Section 3. A proposition for the approval of this Local Law shall be submitted to the electors of the Town of Southold at the general election to be held in November, nineteen hundred eighty-eight, and this Local Law shall become operative only if approved by the affirmative vote of a majority of the qualified electors voting upon such proposition. Section 4. If this Local Law is approved by the affirmative vote of a majority of the qualified electors of the Town voting thereon at said general election, any of the Town officers mentioned in Section one hereof elected at a biennial Town election held after this Local Law takes effect shall hold office for a term of four years commencing on the first day of January next succeed- ing each election. Dated: August 9, 1988. Judith T. Terry, Town Clerk." I have an affidavit of publication from the Suffolk Times; from the Long Island Tra'veler-Watchman; proof of posting of the Town Clerk's Bulletin Board, signed by Judith Terry, and a resolution from the August 9th meeting stating that we wiil hold a public hearing on this proposal. Page 2 - LL - Four Year Term of Superintendent of Highways SUPERVISOR MURPHY: Thank you, Ellen. You've heard the official reading of the Notice of this Proposed Local Law, is there anyone in the audience who would like to comment on it? On the left? (No response.) In the middle? FRANK BEAR: My name is Franklin Bear. I would like to say, for the same reason, I spoke on the four term of Supervisor, it's important again, that the Superintendent of Highways has an opportunity to work--to continue his respon- sibilities for a period of four years, before he has to spend time and effort to become elected. Especially I think it's important that the people of the Town of Southold have an aopportunity to vote on this. SUPERVISOR MURPHY: Thank you. Is there anyone else, who would like 'to address the Town Board? (No response.) Hearing none, is there any Town '.B~ard members? (No response.) Hearing none, we'll recess this public hearing !until 7:32 tonight. 7:32 P. M., August 23, 1988, Reconvened public hearing on a proposed "Local Law Providing for a Four Year Term of Office for the Superintendent of Highways." Present: Supervisor Francis J. Murphy Justice Raymond W. Edwards Councilwoman Jean W. Cochran Councilman George L. Penny IV Councilwoman Ellen M. Larsen Town Clerk Judith T. Terry Absent: Councilwoman Ruth D. Oliva SUPERVISOR MURPHY: This is a hearing on a proposed "Local Law Providing for a Four Year Term of Office for the Superintendent of Highways". We will waive the reading, if there are no objections. (No objections.) You will have any opportunity to vote on it. Is there anyone here who would like to speak in favor of it? (No response.) No one on the left? (No response.) Anyone in the middle? (No response.) No one on the right? (No response.) Any Town Board members? (No response.) Hearing none, we'll close the public hearing. Southold Town Clerk ;I,", .i I' NOTICE OF ; ':~ PUBLIC' HEARING Ii~'' ' ' ON LOCAL LAW il ~''- '~;"I~,BLIc NOTtCE'is hereby ' gWen: thav ~tliere,. has been ~ ~ ~ ~nted.to l'he Town -Board of J,.',; ' the To~' o6 Southolfl;' Suffolk b. I ' ~i , '.~Co~ty, New }brk.'ton the ~ ~.z:.day of August, .1988, a Local ,.' .' ,' Law enthl~. "A'. ,L0c~ Law ~, ',~ioviding for,a Fo~ Year ~erm '.,. of Office for ~e Superintendent ', N~[CE I~FUR~ER'GI%~ EN that the To~ ~oard of the Town of Sofith~l~ Will 6~d a : ' public h~ing on th~ afores~d ,~': .'Lo~ ~w at the So.uthold To~ "q'~.lHall, Main Road,.. So:uthol~ . N~v York, on th~ ff3rd .','~. August, 1988, afl 3:37 o'clock .!., . EM., and al 7:32 o;clock P.M., ", ' at w~ch time all interested ~ ' Sons will be he~d} ' -' ;' ' . This 'proposed "~oc~. Law '~ . ~Provid~g for fi'Four ?eat'Term ~' '~of office for ~he Superintendent ~of Highways" re~d~.as fo~ows: ~ BE [T ~ACTED by the Town Bo~d of the' Town of . "~outhold as follows: ' t :' Section 1. The term'of dffice ' 9f [h~ Super'inlendeni of ' Highways shall be FOur y~rs. i ~ Section 2. This Local, Law ~hal[ supersede ~cfion twenty- .] four of the Town ~; insofar m ' il is in~nsistent 'with such . sec~ond . , . ' Section 3. A proposition for the approval o.f this L0C~ Law i sha~ ~ submiaed to zhe el~ori " of ~e Town of Southold at the ~ gener~ election to be h~d November, nin~een hundred eighty~ght, and this [og~ law :~ ~all become o~ative.o~ly if approved by the aFrica[ire vole of a majoriw of the qualified electors voting, upon such broposirion. ~cfiOn 4, If th~ Loca[ i~ approved b~;.'the affirmative vote of a majority of the quaEti~ electors ~r th~ Town ?ofing thereon at ?id general ~l~ion, any of the'~wn of- , fice~ mentio~d in secdofi one h~reof el~ed at a bie~ To~n elecdon held after thi~ Local ~w takes effect..sh~l hold of- rice for~ 9 .term'og ~0ur )'ears ~mmen~g on the first day of Janua~'. next succeeding' such election. · , . DATED A6gust.9; JUDITH Z ~RRY, -:SOUTHOLD ~WN CLERK 1%8~ 18/88(6) COUNTY OFS'UFFOLK STATE OF NEW YORK SS: 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 Sworn to before me this ........... ..~..~. ...... day of ~9 Notary Public BARBARA FORBES No. ~ ~a~iff~ ~ B~folk Commi~ion ~pi~7 ,~ / LEGAL NOTICE NOTICE OF PUBLIC HEARING ON LOCAL LAW ~i.., PUBLIC NOTICE' is here. by l~glven that L~cre has been pre-- cured Jo the Town Board of the ~Town of Southold, .Suf£olk ]C~onn~, New York, on the 9th day ~f August, 1988, a Local Law ~ndrled, "A Local Law Providing ~or a Four Year Term of Office for l~he Superintendent o£ H~ghwaysTM. at the Town Board of the To~n i~f Southold will hold a public b~adng on the aforesaid Local i~aw ~t th~ Southold Town Hall, Main 3oad, Senthold, New York, on thc rd day'of'August, 1988, at 3:37~ · ~'~lock P.M. and at 7:32 o'clock' ~.M at ~l'd~l~ time all interested - ~! .tpersons will be he~rd. .. ":!~, Th/s proposed ~Local Law Fro- ~:~ding'~ur a Four. Year T~ of r, rice for d~e Superintendent o£ ' Highways" r~ads as follows: !BE IT ENA~_'! ~D by the Town Board of ~he Town of Somhoid a~ follows: 1 ~ Section I. The rcrm of offJc~ of ~he. Su~erm£undcnr of Highways ~b',dJ be four years. IF S~cfion 2. Tl~s Local Law shall ls~porsede Section twenty-four ~f ~coe To~n Law, insorar as ir is in- asisrenr ,~ith ~uch seciJon. [i Sec6on 3. A proposition for ~pproval of this Local Law shah be submitted to the elcctors of the ~own of Sou~hold ae thc general ~lectiou to be held in November,, hJ~qcleen hundred e gh~,-e oht a~d ~h~s IocM law shall become opera- 'iYe or~y ~f approved by th~ affir- ~a~ve vote of a rnajomv Of q al~f£ed electors vobng upon such proposition. ' - ~ Sccuou 4: tf thio Local Law is I~proved by the af:fL,'rnarive, vote of a majority of tho qualified electors of [he Town voting thereon, at said general election, any of the Town officers men- ~tioned in. Section one hereof el~cred.at.a bionuial Town election held after rhis Local I_~w rakes c~- ~.fect shall hold office for a term of ,four yea~s commencing on the first !day of Sanuary next succeeding fuch elec~on :DATI]D: August 9- ~Opo _: STATE OF NEW yOR~} )SS: COUNTY OF SUFFOLK) Christina ~ont~_nto of Mattituck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, · Weekly Newspaper, published at Mattituck, 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 1 weeks successively, commencing on the 18 day of Auqust 19 88 Principal Clerk Swom to befo/j~ th~ /f ~ //~ ~/ / / NOTARY PUbLiC, S?te ~ New fork Date 116/89_ Local Lawls) No. Year_ Municipality . . 28 & 29 1988 Town of Southold Please be advised that the above-referenced material was received and filed by thisoffieeon_______ lzL5!8fJ____________. . Additional forms for filing loeallaws with this office will be forwarded upon request. 383602-004(4/67) REaMO JAN 9 1989 NYS Department of State Bureau of State Records SouItIoId TOW" n...lr NYS Depart.t of State Bureau of SlWRecords 162 Washington Avenue Albany, NY 12231-0001 , '.-~cce--- /;:: .~..;-:;:~\-' - ~-'~. .;,~-:;;-- ~- ;';''-'. .. , ";.;H'~ \::{ "i\c'e), . ,,'. -<~ :..6..'i;.l:~IiI N ~ _ ;-~,,~~.~~h Town of Southold Town Hall 53095 Nain Road p , O. Box 11 7 9 Southold, NY 11971 li!,II!!!I!I!I!!I!!/!!!!IIII!!!!!I,!!!!I!!!,!!!!!!!! D .1 5 . . BOARD OF ELECTIONS COUNTY OF SUFFOLK YAPHANK, NEW YORK 11980 TEL. 924-4300 November 21, 1988 Honorable Judith T. Terry Town Clerk, Town of Southold Southold Town Hall 53095 Main Road Soutuold, NY 11901 Dear Mrs. Terry: We, William J. Canary, Jr. and George Wolf, Commissioners of Elections in and for the County of Suffolk, pursuant to instructions received from your office, have directed to be placed on the ballot, at the November 8, 1988 General Election, the following proposition: BALLOT PROPOSAL NUMBER THREE, SOUTHOLD TOWN PROPOSITION NUMBER ONE Shall the Local Law of 1988, enacted by the Town Board of the Town of Southold on August 23, 1988, entitled "A Local Law Providing for a Four Year Term of Office for the Supervisor, II be approved? The Total YES Vote The Total NO Vote 3,339 4,801 BALLOT PROPOSAL NUMBER FOUR, SOUTHOLD TOWN PROPOSITION NUMBER TWO Shall the Local Law of 1988, enacted by the Town Board of on August 23, 1988, entitled "A Local Law Providing for a Four for the Superintendent of Highways," be approved? the Town of Southold Year Term of Office The Total YES Vote The Total NO Vote 4,393 3,713 Therefore, we do hereby certify that the above canvass and recanvass for the General Election, held on the 8th day of November, 1988 is a true and complete copy of the original on file in the office of the Suffolk County Board of Elections. --~ --:.,-;- f'.~- " ~<".i\~~ -.* ~'/_ ," ,,,,,,~ ~. .-. VA ...... " nn~l 0<> IN WITNESS WHEREOF, We have hereunto set our hands and affixed the seal of the ltcJ of Elections of Suffolk County this 21st day of November, 1988, at Yaphank, Sincerely, ~ LZdt~ " r W:{lliam J. Cana ,Jr. Commissioner ~{J &~ George Wolf Commissioner 31"''' ,<i' r .., ;;;; J . _....