LL #07-2004NEW YORK STATE DEPARTMENT OF STATE
,Local Law Filing 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.
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Local Law No- ------------ #2-------------------- of the year 20--0-4-
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A local law ...entitled_ "Local _Law_ No :_ _of _the__Tear_ 2004.__Am— @ndment__tQ_ T.enancy Terms
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for _Water _and_ Sewer_ Districts_ or__IMprov_ep►ent_-----------------------
Be it enacted by the-----------om-$Qard-------------------------------------------------------------- of the
(Nmee oJLerir)atiw "y)
of --- !'_la-PPip-mr-------------------------------- as follows:
Town--------------------------------------
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(If additional space Is needed, attach pages the same size as this sheet, and number each.)
DOS -239 (Rev. 11/99) (1)
LOCAL LAW NO. #7 OF THE YEAR 2004 AMENDMENT
A Local Law entitled "Local Law No. #7 of the Year 2004 Amendment to Tenancy
Terms for Water and Sewer Districts or Improvement 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. #7 of
the Year 2004 Amendment to Tenancy Terms for Water and Sewer Districts or Improvement
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:
Inadvertently when Local Law Z of the Year 2004, Section II was adopted, it was
indicated that "After five (5) years, the thirty percent (30%) surcharge and O&M charges
will be eliminated". The correct recitation should have been "After five (5) years, the thirty
percent (30%) surcharge on O&M charges will be eliminated The purpose of this Local
Law is to correct what was, in effect, a typographical error in Section II of the original
Local Law #7 of the Year 2004.
Section III: Amendment to Local Law of the Year 2004:
Local Law 7 of the Year 2004 is hereby amended as follows:
1. Section II entitled "Legislative Intent" of said Local Law is amended by changing
the last sentence thereof to read as follows:
"After five (5) years, the thirty percent (30%) surcharge on O&M charges will be
eliminated, however, the tenant will continue to be charged O&M charges as
established by the Town Board thereafter."
\\Vsrp03\Common\Wappinger\Town Board\LOCAL LAW\Tenancy Agreement\Law-Resol-Hearing- Amendment.doc
2. Section III entitled "Tenancy Terms" of said Local Law is amended as
follows:
"3. For the first five (5) years of tenancy, the Operation and Maintenance
charges will be increased by thirty percent (30%); after five (5) years, the thirty
percent (30%) increase will be eliminated and the tenant will only be charged
O&M charges as set by the Town Board thereafter."
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.
\\Vsrp03\Common\Wappinger\Town Board\LOCAL LAW\Tenancy Agreement\Law- Resol -Hearing- Amendment.doc
(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. ----- #1 -------------------------- of 20 -04 --
of the ( Q Town) ) of --- Wappiager---------------------------------------------- was duly passed by the
-----__-_ Tam--gear-d_____________________ on--1uUA--9------ 20Q4-, 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 Officers)
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 of Legislative 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 ------------------ 24--- , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was riled requesting
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 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 ------------------ 24--- , 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 %-Illage, or
the supervisor of a town where such officer is vested with the power to approve -or veto local laws or ordinances.
(2)
f.
*�. (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 ---- 1------- above. , 'OA in A' _."'4
(Seal)
Clerk of the County le ativ dy, C' Ton or village Clerk
or officer designated b to w
legislati body
GLORIA MORS Town lerk
Date:
(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 1) > rhpaR
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 annexed hereto.
Attorney Albert P. Roberts
Title
.r of—�>�P�Ser
own
Date:
6h;> 2004
(3)