Notice of Public Hearing: Town of Ovid, Tax Cap Local law


NOTICE IS HEREBY GIVEN that the Ovid Town Board will hold a public hearing on the following proposed Local Law at the Town Office Building, 7160 North Main Street, Ovid New York at 7:00 p.m. on the 12 day of September, 2012: Proposed Local Law No. “CC” of 2012, A local law to override the tax levy limit established in General Municipal Law §3-c.

The text of the proposed local as introduced is as follows:

Section 1. Legislative Intent: It is the intent of this local law to allow the Town of Ovid to adopt a budget for the fiscal year commencing January 1, 2013, that requires a real property tax levy in excess of the “tax levy limit” as defined by General Municipal Law § 3-c. The Town of Ovid is concerned about uncertainties in the existing tax cap law, including how expenditures mandated by law and expenditures and revenues controlled by the county and state interact with the tax cap, as well as increasing insurance costs over which the town’s control is limited. The town board is accountable to prepare a responsible budget, which meets the Towns obligations and provides beneficial services, while minimizing the tax burden.

Section 2. Authority: This local law is adopted pursuant to subdivision 5 of General Municipal Law §3-c, which expressly authorizes the Town Board to override the property tax cap for the coming fiscal year by the adoption of a local law approved by a vote of sixty percent (60%) of the Town Board.

Section 3. Tax Levy Limit Override: The Town Board of the Town of Ovid, County of Seneca, State of New York, is hereby authorized to adopt a budget for the fiscal year commencing January 1, 2013, that requires a real property tax levy in excess of the amount otherwise prescribed in General Municipal Law §3-c.

Section 4. Severability: If a court determines that any clause, sentence, paragraph, subdivision, or part of this local law or the application thereof to any person, firm or corporation, or circumstance is invalid or unconstitutional, the court’s order or judgment shall not affect, impair, or invalidate the remainder of this local law, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this local law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered.

Section 5. Effective date: This local law shall take effect immediately upon filing with the Secretary of State.

At such time and place all persons interested in the subject matter thereof will be heard concerning the same.

PLEASE TAKE FURTHER NOTICE that the environmental significance of the proposed local law will be reviewed at the said public hearing.

The complete text of the proposed local law is available during normal business hours at the Office of the Town Clerk, Ovid Municipal Building, 7160 North Main Street, PO Box 452, Ovid NY 14521.

Dated: Ovid, N.Y., August 8, 2012

By Order of the Town Board of the Town of Ovid

James Vangalio, Town Clerk


Steven Getman, Attorney for the Town of Ovid


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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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