LL #06-2004Local Law Filing
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET, ALBANY, NY 12231
(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
italics or underlining to indicate new matter.
=my
CWof--- Wappinger-----------------------------------------------------------------------
Town
Local Law No. ------- It6L------------------------- of the year 20---04
A local law --- en.titled--'!LocaL-Lary-No—---------- of- -the- Yaar--2004,--Tenancy - Terms --for Water and
(/meet Title)
Sewer --- Districts--or__Improvement-AreasL------------------------------------------------------
---------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------
Be it enacted by the---------Town-Bear4-------------------------------------------------------------- of the
(Name o/Legislative Body)
tllAIMy
MM of----- Wappinmiq---------------------------------------------
Town
TEXT COHMENCES ON NEXT PAGE
------------- as follows:
(If additional space is needed, attach pages the same size as this sheet, and number each.)
(1)
DOS -239 (Rev. 11/99)
6-7
LOCAL LAW NO. 6 OF THE YEAR 2004
A Local Law entitled "Local Law No. #6 of the Year 2004, Tenancy Terms for Water and
Sewer Districts or Improvements Areas."
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section I: Title:
This Local Law shall be known and cited as Town of Wappinger "Local Law No. #6 of
the Year 2004, Tenancy Terms for Water and Sewer Districts or Improvements Areas", which shall
establish a new Article II, Chapter 236 "Water and Sewer Charges" of the Town Code of the
Town of Wappinger, as set forth below.
Section II: Legislative Intent:
The purpose of this Local Law to establish uniform and consistent charges for
tenants to water and/or sewer District or Improvement Areas. The Town of Wappinger has
embarked on a series of improvements to its central water and central sewer facilities.
Wappinger Water Improvement Area 1999-2(R) was established in 2001 to implementation
a cost effective method of addressing source, supply and storage problems and to
supplement the water supply needs of the Town of Wappinger previously supplied by the
Central Wappinger Water Improvement Area. Similarly, starting in 1990, the Town
commenced work on the Wappinger Sewer Transmission/ Treatment Improvement Area
Phases 1 & 2, followed in 1999 with a further expansion of sewer services with the adoption
of the Wappinger Sewer Transmission/ Treatment Improvement Area Phase 3A. It is, and
has been, the Town Board's general policy to provide water and sewer services to those
existing properties that are in special need of water and sewer services because of failing
wells or failing septic systems. Accordingly, it is the purpose of this Local Law to establish
\\Vsrp03\Common\Wappinger\Town Board\LOCAL LAW\Tenancy Agreement\Law-Resol-Hearing.doc
uniform tenancy terms to those properties which are in need of water or sewer services but
are outside the geographical boundaries of any of the water and/or sewer District or
Improvement Area to which connection is sought.
The tenancy terms will require any proposed tenant to pay a capital buy -in to the
water and/or sewer facilities to help defray the Capital Infrastructure costs previously paid
by the District or Improvement Area by imposing a thirty percent (30%) surcharge on
Operation and Maintenance ("O&M") charges for a period of five (5) years from the date of
tenancy. In addition to O&M charges, the tenant will also pay an amount equal to
Assessments paid by District or Improvement Area residents. After five (5) years, the thirty
percent (30%) surcharge and O&M charges will be eliminated.
Section III: Tenancy Terms:
Effective with the date of adoption of this Local Law, any new tenant to a water and/or
sewer District/ Improvement Area shall pay a tenant rate, payable in four quarter -annual
payments and billed in accordance with the District/ Improvement Area's billing period,
determined as follows:
1. Benefit Units will be assigned to the proposed tenant property user in accordance
with the benefit unit formula for the District and/or Improvement Area for which
tenancy is sought;
2. an amount equivalent to Capital Benefit Assessments and Operation &
Maintenance ("O&M") charges will then be assigned to the property based on the
number of Benefit Units;
3. for the first five (5) years of tenancy, the Operation and Maintenance charges will
be increased by thirty percent (30%);
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4. the above amounts will then be totaled, divided by four and billed to the tenant at
the same time that O&M charges are billed to District/ Improvement Area
residents.
5. A tenant will be obligated to pay an amount equivalent to a Capital Benefit
Assessment only for as long as the District or Improvement Area imposes Capital
Benefit Assessment on its residents.
6. Illustration:
By way of example only for the first five years -
Capital Assessment per Benefit Unit =
$500
Operation and Maintenance Charges
Billed Quarterly $80 x 4 =
$320
Thirty Percent surcharge for O&M =
$ 96
TOTAL ANNUAL
TENANT CHARGE _
$916
Billed Quarterly ($916/4) _
$229
By way of example only for after five years -
Capital Assessment per Benefit Unit =
$500
Operation and Maintenance Charges
Billed Quarterly $80 x 4 =
$320
TOTAL ANNUAL
TENANT CHARGE _
$820
Billed Quarterly ($820/4) _
$205
7. All tenant rates for water and sewer charges shall be subject to the provisions of
Article I of this Chapter. The provisions of this Local Law shall be added to the
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Town Code as Article II of Chapter 236 "Water and Sewer Charges" and shall be
numbered sequentially as determined by Code Publishers, Inc.
Section IV: Separability.
The provisions of this Local Law are separable and if any provision, clause, sentence,
subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any
person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall
not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or
parts of this local law or their application to other persons or circumstances. It is hereby declared
to be the legislative intent of the Town Board of the Town of Wappinger that this Local Law
would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence,
subsection, word or part had not been included therein, and if such person or circumstance to
which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom.
Section V: Effective Date:
This Local Law shall become effective immediately upon filing with the Secretary of
State as provided by law.
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(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, designated as local law No. ------------#6-------------------- of 20-04--
of the ( (Town)( of ---- Tapp-�Etgle�---------------------------------------_ --_ --
was duly passed by the
Town_ RoaFd_____________________ on ------ May:_1II__ 200.4_, in accordance with the applicable provisions of law.
(Name of Legislative Body)
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20 ------
of the (County)(City)(Town)(Village) of --------------------- ---------------------- ---- was duly passed by the
________________________________ on ------------------ 20 --- , and was (approved)(not approved)(repassed after
(Name of Legislative Body)
disapproval) by the -------------------------------------------------- and was deemed duly adopted on ------------------ 20---- ,
(Elective Chief Executive Officer*)
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 20 ------
of the (County)(City)(Town)(Village) of -------------------------------------------- ---- was duly passed by the
on------------------ 20----, and was (approved)(not approved)(repassed after
(Name oJLegislative Body)
disapproval) by the ---------------------------
on-------------- ----- 20---- . Such local law was submitted
(Elective Chief Executive Officer*)
to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the (general)(special)(annual) election held on ------------------ 20---- , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20------
(County)(City)(Town)(Village) _ was duly passed by the
of theof--------------------------------------------------'--'-""' -'-
___________________________________________________ on ------------------ 20---- , and was (approved)(not approved)(repassed after
(Name of Legislative Body)
disapproval) by the ----------- ---------------------------- on ------------------ 20 --- . Such local law was subject to
(Elective Chief Executive Officer*)
permissive referendum and no valid petition requesting such referendum was filed as of ------------------ 20---- , 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 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 20 ------
of the City of --------------------------------------------- having been submitted to referendum pursuant 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)(general) election held on------------------- 20----,
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 20 ------
of the County of ------------------------------------------ --- State of New York, having been submitted to the electors
at the General Election of November ---------------------- 20----, 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 ------ L----, above. '/ """// d 44a
(Seal)
Clerk of the County legislative bO'y, ity, Td or Village Clerk
or officer designated by local lggisl rve body
GLORIA MORS , T Cler
Date:—
(Certification
ate:
(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 Dutchess
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 an
4�Ko l--reto /l
Albert P Roberts – Attorney
Title
�rof Wappinger
Town
� y
Date:
(3)