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HomeMy WebLinkAboutLL-1990 #03LOCAL LAW NO. 3 - 1990 A Local Law in Relation to Taxation BE IT ENACTED by the Town Board of the Town of Southold as follows: I. 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: A. 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 making application for exemption exceeds the sum of twelve thousand twenty-five dollars ($12,025.00). "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 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 for the production of income. II. This Local Law shall take effect upon its filing with the Secretary of State. 4/6 Date 3 Local l_aw{s) No. 1990 Year_ Town of Southold Municipality- Please be advised that the above-referenced material was received and filed by this office on 4/3/90 . _ . Additional forms for filing local laws with ' ,s office will be forwarded upon request. RECEIVED APR 9 1990 NYS Department of State Bureau of State Records (Please Use 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. I~j~ffX X A~ Southold ........................ Town o. ................................. Local Law No ........... ~. ............. o! the year 19 .9.0. ....... AIocallaw In Relation to Taxation ................................... (Insert title) Be it enacted by the ......... .T.o.w.p..B..o.a.r.d. ................................................. o! the (Name of Legislative Body) I~'I~XX ot Sou!hold ........................... as iollows: Town ................................................ I. Chapter 85 (Taxation) of the Code of the Town of Sou!hold is amended as fol lows: !1. 1. Section 85-2.A. is amended to read as follows: A. 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 making application for exemption exceeds the sum of twelve thousand tWenty-five dollars ($12,025.00). "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 inheritances. In computing~oet 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 o! 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.applicabl,e..) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No ..... .3... of 199..0 ...... of the Town of Southold was duly passed by the ..... Tg.w.n...B. qa.r..d; ....................... ................ (Name of Legislative Body) on ..... ~0r.l:.~. 2.7. ......... 199.9. ..... ' in accordance with the applicable provisions of law. o (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 ... (Nameof Legi~afive 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 relerendum.) I hereby certify that the local law annexed hereto, designated as local law No ......... of 19 ........ County City oftheTown 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 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 ............................. 19 ......... in accordance with the applicable annual provisions of law. (Subject to permissive referendum, and final adoption because no valid petition filed requesting referendum.) I hereby cer.tify 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* 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 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 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 of §36 provisions ~37 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.} ! 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.) ! 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 parag_LaPh ..... ./. ...... above. Date: March 27, 1990 Cle~of the County legislative body. City, Town or ~i~age.Clerk or officer designated by local legislative b6dy 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.Q.~..K. ................. i, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedi, ngs have been had or taken for the en~nt ~he local law annexed hereto. · Signature Title Date: March 27, 1990 ~v~XX Town :~11~ of Southold (3) PUBLIC HEARING SOUTHOLD TOWN BOARD March 27, 1990 8:05 P. M. IN THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO TAXATION". Present: Absent: Supervisor Scott L. Harris Justice Raymond L. Edwards Councilman George L. Penny IV Councilwoman Ruth D. Oliva Town Clerk Judith T. Terry Town Attorney Harvey A. Arnoff Councilman Thomas H. Wickham (out of town) SUPERVISOR HARRIS: At this time, we will now entertain a Local Law in Relation to Taxation, the second public hearing for the evening. Ray, would you llke to read the legal notices? JUSTICE EDWARDS: "Notice of public hearing on Local Law. Notice is hereby given that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 13th day of March, 1990, a Local Law entitled, "A Local Law in Relation to Taxation". 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 27th day of March, 1990, at 8:05 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: I. Chapter 85 (Taxation) of the Code of the Town of Southold is amended as follows: A. 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 making application for exemption exceeds the sum of twelve thousand twenty-five dollars ($12,025.00). "Income tax year" shall mean the twelve month period for which the owner or owners filed a personal income tax return or, if no return in filed, the calendar year. Where title is vested in either the husband or the wife, their combined income may not exceed such sum. Such income shall include social security and retirement benefits; interest; dividends; total gain from the sale or exchange of a capital asset, which may be offset by a loss from the sale or exchange of a capital asset in the same income tax year; net rental income; salary or earnings; and the net income from self-employment, but not including a return ofcapital, gifts or inheritances. In com- puting net rental income and net income from self employment, no depreciation deduction shall be allowed for the exhaustion, wear and tear of real or personal property held for the production of income. II. This Local Law shall take effect upon its filing with the Secretary of State. Pg 2 PH LL in relation *~ Taxation I have proof of publication from The Long Island Traveler-Watchman, and proof of publication with The Suffolk Times, and proof that it was posted on the Town Bulletin Board at the Town Hall, Town of Southold. So be it. SUPERVISOR HARRIS: At this time, I'd like to address the audience. Anybody like to speak, either in favor or against this change? (No response.) Seeing no one, I think the reading by Judge Edwards was pretty self-evident as to the intent of this change in taxation, with the age 65 and over age exception, which we are increasing, and I will at this time close this public hearing. · Terry ~/ Southold Town Clerk L~GAL NOI~CI~ PUBLIC ON LOCAL LAW ~To~ B~rd of ~e T~ ~ ~u~old, Suffolk County, York, ~ the 13th day of I~0, a Local Law entitle, ~al Law In Relation t~ ~- ~ w~ ~ld a public h~ behold Town Ha~, Main h~old, ~ew Yo~, on the B~ ~ ~ACT~D by ~c To~ ~ of ~e Town o[ S~old · e combined ~com o[ ~licatiGn for Whkh may be e~b~t by a I~$ ~ from the sale or exchange c~ a ~from self employment, no C~ies of this ~cal Liw are av~le ~ ~e Offi~ of ~e T~ STATE OF MEW YORK) )SS: COUNTY OF SUFFOLK) Patr~ cl a R'~a~y of Mattituck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southeld, 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 ??nd _ day of logo Principal Clerk ' LEGAL NOTICE NOTICE OF PUBLIC HEARING ON LOCAL LAW 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 13th day of March, 1990, a Local Law entitled, "A Local Law in Relation to Taxation?' NOTICE IS FURTHER GIVEN that the Town Board of the Town or Southold will hold a public hearing on the aforesiad Local Law at the Southold Town Hall, Main Road, Southold, New York, on the 27th day of March, 1990, at 8:05 o'clock P.M., at which time all interested persons will be heard. This prol:,osed "Local Law in Relation to Taxation" reads as follows: BE 1T ENACTED by the Town Bnard of the ~bwn of Southold as follows: I. Chapte, r 85 (Taxation) of the Code of the Town of Southold is ~xmended as follows: A. 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 making application for exemption ex- ceeds the sum of twelve thou- sand twenty-five dollars (12,025.00). "lncome 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 fil- ed, the calendar year. Where ti- tle is vested in either the hus- band or the wife, their combin- ed income may not exceed such sum. Such income shall include social security and retirement benefits; interest; dividends; total gain from the sale or ex- change 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 com- puting 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· II. This Local Law shall take effect upon its filing with the Secretary of State. Copies of this Local Law are available in the Office of the Town Clerk to any interested persons during business hours. DATED Marchl3, 1990 JUDITH T. TERRY SOUTHOLD TOWN CLERK 1X-3/22/90(3) 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 kong Island Traveler-Watchman once each week for ...................... .(... weeks successively, commencing on the ........... - .7 ........ day · ....?~!"~'Ic../~ ....... , 19 .-~V.. .... Sworn to before me this ~2..71. day of '7'??,~*~" c"~ ... , 1 9 .?..~. Notary Public BA,S~7~RA A. S~!NEIDER NO"~,RY i'U ¢ ',:?, Siate of New York