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HomeMy WebLinkAboutLL-1994 #29 LOCAL LAW NO. 29 - 1994 Local Law in Relation to Tipping Fee BE I. IT ENACTED, by the Town Board of the Town of Southold as follows: Chapter 48 (Garbage, Rubbish and Refuse) of the Code of the Town of Southold is hereby amended to read as follows: Section 48-4.B. is hereby deleted, and a new Section 48-4.B. is hereby enacted: ~ ~8-~A of ~ eh~p~r7 ~here ~h~ be ~ ~e of three ~e ~w~ B. In addition to the fees es%ablished in §48-4A of this chapter, there'shall be a fee as prescribed by resolution of the Southold Town Board, on loads containing the following: II. This Local Law shall take effect upon its filing with the Secretary of State. * Underscore represents additions. ** Overstrike represents deletions. laYS DEP~RTI4ENf O~ ~iJ%lE"" -~'~ ALbany, NY 1~231-0001 DALE,' 1/20/95 FILIlaG DATE 12/19/94 ':., Local Law Acknb~wledgment , '-: TownShiPS,~ PO Box 1179 :~ ' 53095 Road -I The above-referenced material was received and filed by this office as indicated. _1 Additional local law filing forms will be forwarded upon request. Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 162 WASIIINGTON AVENUE. ALBANY. NY 12231 II. (Use this form to file a 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 italic~ or underlining to indicate new maner. - glqOtx of Southold Town .......................................................................................... Local Law No ..... _2fi_ ............................. of the year A local law --i-n.__.R..eJ.a__t.i.o_.n.__t_9___Tj_pf)_i..n~[_?__e__e_ Be it enacted by the Town Boa rd ..... tYL,%- f~3.;~3 ~53~5~3- ................................................................. of the Ig~ Southold Town of .......................................................................................... as follows: Chapter 48 (Garbage, Rubbish and Refuse) of the Code of the Town of Southold is hereby amended to read as follows: Section 48-4.B, is hereby deleted, and a new Section 48-4.B. is hereby enacted: B. In addition to the fees established in Sec. 48-4A of. this chapter, there shall be a fee as prescribed-by resolution of the Southold Town Board, on loads containin9 the followin9: This Local Law shall take effect upon its filing with the Secretary of State. Underscore represents additions. Overstrike represents deletions. (If additional space is needed, attach pages the samo size as this shect, and number each.) DOs-~9 (wv. 7~9~) (1) (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, desi~:nated as local law No ........... 2..9. ......................of 19--9--q-- of the (<3o~ W~ .K~l[){Town)(Te~tl~a<) of .... -S--°--u'--t-13-°-[~ ............................................... was duly passed by the .... -T--°--w--n----B-9-a--r--cl- ......................... on ___.D._e..c_:__.l__3.__ 199__q__, in accordance with the appli~ble provisions of taw. fName of £eg~ative Body) 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) [ hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ...... of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the ............................................... on .................. 19 ---, and was (approved)(not approved)(repassed after (Name of.Le~i~lati,,e Body) disapproval) by the .................................................. 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 .................................... of 19 ...... of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the ................................................... on .................. 19 .... , and was (approved)(not approved)(repassed after (Name of Legislative Body) disapproval) by the ................................................. on ................... 19 ..... Such local law was submitted (Electi*'¢ Chief Executive Officer*) to the people by reason of a (mandatory)(permisstve) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (gegeral)(special)(annual) election held on .................. 19---- , in accordance with the applicable provisions of law. 4. (Subject to permissivp referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local taw annexed hereto, designated as local law No .................................... of 19 ...... of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the ................................................... on .................. 19 ...., and was (approved)(not approved)(repassed after (~'ame ~f LegiMatlue Body) disapproval) by the .................................................. on .................. 19 .... Such local law was subjecx to (Elective Chief Executive Officer*) permissive referendum and no valid petition requesting such referendum was filed as of .................. 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- wlde basis or, if there be none, the chairperson of the county legislative body~ the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. (2) 5. (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 pumuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(geneml) 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 cit- ies of said county as a unit and 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 certification.) 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 in- dicated in paragraph ...... J_ .... , above. Clerk of the~tunty legislative body, City, Town or Village Cler~ or officer designated by local legSslative body Judith T. Terry, Town Clerk December 14, 1994 (Seal) Date: (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK coum'Y oF SUFFOLK I, the undersigned, hereby certify that the foregoing lpcal law contains the correct text and that all proper proceedings have been had or taken for the enactment of the localllaw annexed hereto. , ~ Signa~a'~' x~ ~ Laury L.Dowd, Town Attorney Title ~ of Southold Town Date: December 14, 1994 (3) PUBLIC HEARING SOUTHOLD TOWN BOARD DECEMBER 13, 1994 8:02 P.M IN THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO TIPPING FEE". Present: Supervisor Thomas H. Wickham Councilman Joseph J. Lizewskl Councilwoman Alice J. Hussie Councilwoman Ruth D. Oliva Councilman Joseph L. Townsend, Jr. Justice Louisa P. Evans Town Clerk Judith T. Terry Town Attorney Laury L. Dowd SUPERVISOR WlCKHAM: We'll carry on to the second hearing. "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 29th day of November, 1994, a Local Law entitled, 'A Local Law in Relation to Tipping Fee". 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 13th 'day of December, 199q, at 8:02 P.M., at which time all interested person will be heard. This proposed "Local Law in Relation to Tipping Fee" reads as follows: BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 48 (Garbage, Rubbish and Refuse) of the Code of the Town of Southold is hereby amended to read as follows: 1. Section 48-4.B. is hereby deleted, and a new Section is hereby enacted: B. Effecti~e-~ctober 9~, ~993, hq additlorr-t= ~he (ees q~ee of ~hFee-and ~f~ve-tcr, ths-~eR~s (-$0~03~) per peund on leads eentahqir~ t~he feLtewin~.- B In addition to the fees established in §48-4A of this chapter, there shall be a fee as prescribed by resolution of the Southold Town Board, on loads containing the following: II. This Local Law shall take effect upon its filing with the Secretary of State. * Underscore represents additions. ** Overstrike represents deletions. Pg.2 - PH LL Copies of this Local Law are available in the Office of the Town Clerk to any interested persons during business hours. Dated November 29, 1994. Judith T. Terry, Southold Town Clerk." I would just like to comment briefly, that up until now the fees at the Landfill in Cutchogue for receiving garbage have been posted, and stipulated right in the Town Code itself. By means of this resolution, we're basically taking those fees out of the Town Code, and establishing them by resolution. So, basically, where formally they were listed right in there in three and a half cents per pound on loads containing garbage, etc., it now says the fees shall be as prescribed by resolution of the Southold Town Board. We did that resolutions at the last meeting, and it calls for a fee of four and a half cents a pound. So, we have before us notices, that this has appeared on the Town Clerk's Bulletin Board outside the hall. We have a notice here that it has appeared as a legal in The Suffolk Times newspaper, and another one, that it has appeared as a legal in The Traveler-Watchman. Would anyone like to address the Board on this public notice? (No response.) Hearing none, I will close the hearing. Judith T. Terry ~/ Southold Town Clerk £EG.~JNOHCVC~: ' has been presen ted ~o the Tox~n~ Bo~d of~e Tox~ oESouthold., Su~o~ C o~%. New ~ o[mK ,the 29~h dpv of Nox'ember.. 1994 a Local Lan' ~niitie~ .~oeal Law in Relafio~fi mTip-' J/"NOTICE IS F~THER of ~e ~o~m of~ So~th~iil hold a ~ afor~shid Log~l: ~a~~ ht~th*' [Roa~ Sou~old, New Yor~On ~the 13~' day of ~ T~s propos~d'Loc~[gaw ~: in Relation' to Tipping.Fee" ~ BE IT ENACTED, .~y ~e ~To.wn B0~d of ~he Town of Southold ~ fo~ows: · ~ I. Chapter 48 (Garbage, ~ubbish and Re~se)'~ ~h'e Code of the Town of So~old hereby amendedto rbad [o~ows: .: 1. Sectiofi 48-4.B~ is hereby ~delet~ and a new Section 48- ):4.B. i~ hereby enacted: : ~smbHshed ~ :4g-4~ :':chapter. there shall b~ a 4 prescribedbv resolufiop bf~ Sou~old Tm~'Bo~d, ~ Il. Th~s Local La~ shall l.~e e~ec~ upon i~s Khn~'wi~ '~le Secre~ofSta'd '~' ' *Underscore reur~entS,~- :L * *Overst~e repr~sen~'de- ' letions. , 2 ~'. Copies of th~ Local ~e a~aflab e m .the ,: ~sted persons d~ng business Dated: November 29, ~9~4. · . sOSTaOLa COUNTY OF SUFFOLK STATE OF NEW YORK SS: Patric~a Wood, bein~ duly sworn, says that she is the Editor, of ~he:~ TRAVELER-WATCITMAN, a public newspaper printed at Southold, in. Suffolk County; and that %he not~ce of which %he annexed is a printed' copy, has been published in said% Traveler-Wa%ckman once e~eh week:~ for : / ~ .............................. weeks succes,s~vely, commencing on the day of ...................... , 19.?.<.. Swo~rn to before me on .... · of 19~].? Notary Public BARBARA A. ~CHNEI~R NOTARY PUBLIC, State of New York No. Qualified in Suffolk County Cemm)ssion Expires NOTICE OF ' D~ember, 1994, at 8:02 P.M~ a~ ~propbsed ~Local Law in. ~l~tldn.to Tipping Fee'' read~ as ~ft file T°wlx °f ~outh°ld as f°ll°~: Re,usc) St' th~ Cod~ of the Towu of ,$outhold is l'~reby:amCndCd to read follows: ~ou'~'~ s filin~ 'w~d~ ~Datedi November 29, 1994. . . STATE OF NEW Y~RK) ) ~S: COUNTY OF SUFFOLK ) In ~d ~, ~1~ d~y ~o~, ~ ~t he/she ~ P~n~p~ Clerk of T~ S~ TIM~, a Wee~y Newspa~r, publ~ed at MaCtut, In ~e To~ of ~u~old, ~un~ of S~olk ~d S~te of New York, and that the Notice of which the annexed Is n p~nted ~py, h~ ~en ~8~ly pubi~hed In s~d Newspaper once each week for~ I wee~ on the ~ day of ~ 19~ Notary Public. Stare of New Yolk No. 500~8B4 ' ~ncip~ ~erk ~ualified in Suffolk C~nW ~'~ Commission Expires November 23, Sworn m~ ~e I~_~ _