Tax Levy Limit Override 2020

RESOLVED, that the Board of Trustees of the Village of Dering Harbor hereby directs that a public hearing shall be held on Saturday, March 7, 2020 at 9:00 a.m. prevailing time, at the Dering Harbor Village Hall, Locust Point Road, Dering Harbor, New York, to hear any and all persons either for or against the following local law entitled:  “Local Law authorizing a Property Tax Levy in excess of the limit established in General Municipal Law §3-c for 2020”

LOCAL LAW NO. ___ OF 2020

            A LOCAL LAW authorizing a Property Tax Levy in excess of the limit established in General Municipal Law §3-c for 2020.”

            BE IT ENACTED by the Board of Trustees of the Village of Dering Harbor as follows:

Section 1.  Title, Intent and Purpose.

            1.1. Title.  The title of this local law shall be the “Tax Levy Limit Override 2020.”

        1.2. Legislative Authority.  This local law is adopted pursuant to New York State General Municipal Law (GML), §3-c(5) that expressly authorizes a local government’s governing body to override the property tax cap for the coming fiscal year by the adoption of a local law approved by a vote of 60% of said governing body

            1.3. Purpose. It is the intent of this article to allow the Village of Dering Harbor to adopt a budget for the fiscal year commencing 2020 that requires a real property tax levy in excess of the tax levy limit as defined by General Municipal Law §3-c.

Section 2.  General Provisions.

            2.1. Tax Levy Limit Override.  The Board of trustees of the Village of Dering Harbor is hereby authorized to adopt a budget for the fiscal year commencing 2020 that requires a real property tax levy in excess of the amount otherwise prescribed in the GML, §3-c

Section 3.  Authority.  The proposed local law is enacted pursuant to General Municipal Law §3-c(5) and Municipal Home Rule Law §§10(1)(i), 10(1)(ii)(a), 10(1)(ii)(a)(12), and 10(1)(ii)(e)(3).

Section 4.  Severability.  If any section or subsection, paragraph, clause, phrase, or provision of this law shall be adjudged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole, or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional.

Section 5.  Effective Date.  This local law shall take effect upon filing with the Secretary of State pursuant to Municipal Home Rule Law.