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LL #01-2006NEW 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. (ZKKW 09 Wappinger--------------------------- ------- ------------ of----------------------------------- Town X!V,HHW Local Law No.----------J�1---------------------- of the year 2026 --- entitled "Local Law No.41 of the Year 2006 Amending - ---- --- - ---------- A local law------------------------------------------------------------ ------------------------- --------------=--------------------------- - §234-44.A of the Town of Wappinger Code and EstabliEhing the Water ----------------------------------------------------------------------- Rate Structure for the Central Water System for the 2006 Calendar Year." -------------------------------------------------- ----------------------------------------------------------- -------------------------------------------------------------------------------------------------------------- Town Board--------------------- of the ------------------------------------ Be it enacted by the ------------------------------- (Name ofLc;i-1-6-1 Body) XIX Wappinger Town WMkoX TEXT COMMENCES 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) LOCAL LAW NO. It 1 O1 OF THE YEAR 2006 A Local Law entitled "Local Law No. #1 of the Year 2006, Amending Article 234-44.A of the Town of Wappinger Code and Establishing the Water Rate Structure for the Central Water System for the 2006 Calendar Year." 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. It 1 of the Year 2006, Amending Article 234-44.A of the Town of Wappinger Code and Establishing the Water Rate Structure for the 2006 Calendar Year". Section II• Legislative Intent: The purpose of the local law is to amend Section 234-44.A of the Town of Wappinger Code and to establish the water rate structure for the Central Water System for the calendar year 2006. The Central Water System is comprised of the following districts, which are hydraulically interconnected: • Central Wappinger Water Improvement • North Wappinger Water Improvement • Myers Corners II Water District • Cranberry Hills Water Improvement • Oakwood Water District • Wappinger Park Water District & Extension • Ardmore Hills Water Improvement Area; and O:\Wappinger\Town Board\LOCAL LAW\Central Water system\Local Law.doc As presently drafted, §234-44.A requires rate changes for Water Districts and Improvements to be adopted by separate Local Law for each District or Improvement. The proposed amendment permits the water rate to be set by one Local Law as well as establish the new rates for the Central Water System for Calendar Year 2006. Section III: V34.14.A shall be amended to read as follows: "§234-44: Rates, charges and billing. A. The rent per quarter, which includes rental of water meter, if any, shall be determined by Local Law. 1. The following districts shall collectively be known as the Central Water System because they are all hydraulically connected; • Central Wappinger Water Improvement • North Wappinger Water Improvement • Myers Corners II Water District • Cranberry Hills Water Improvement • Oakwood Water District • Wappinger Park Water District & Extension • Ardmore Hills Water Improvement Area; and 2. The water rate structure for the Central Water System for the 2006 calendar year is as follows: FOR RATE STRUCTURE FOR THE CENTRAL 2006 CALENDAR nYEAR THE TOWN OF WAPPINGER Commercial O:\Wappinger\Town Board\LOCAL LAW\Central Water System\Local Law.doc Base Rate: $90.00 per quarter for the first 18,700 gallons; Overage Rate: $2.40 per 1,000 gallons for water consumed between 18,700 gallons and 250,000 gallons per quarter; $3.20 per 1,000 gallons for water consumed over 250,000 gallons per quarter. Residential Base Rate: $39.00 per quarter for the first 18,700 gallons; Overage Rate: $1.60 per 1,000 gallons for water consumed between 18,700 gallons and 250,000 gallons per quarter." 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. O:\Wappinger\Town Board\LOCAL LAW\Central Water System\Local Law.doc Section V: Effective Date: This Local Law shall become effective immediately upon filing with the Secretary of State as provided by law. O:\Wappinger\Town Board\LOCAL LAW\Central Water system\Local Law.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. -----------#-I--------------------- of MOE_ of the ( W( )(Town)( of---UaP-Pingnr___________________________________ __________ was duly passed by the _____Tawe_Boasd__________________________ on -Jan---S------- 20 L16-, 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 ------------ (Elective Chief Executive Officer) in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) 20----, 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 ------------------ 2a--- , 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 ------ 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 riled 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 --------------- 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. . - __ /,-) ^ n /)_Q (Seal) rk of the Count egislative body, City, Town or Village Clerk r officer designated by local legislative body JOHN C. MASTERSON, TOWN CLERK Date: (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTYOF Dutchess Ithe undersignedhereby certify that the foregoing local law contains the correct text and that all proper proceedings , , have been had or taken for the enactment of th Albert P. Roberts — Attorney Amgm Aftx of Wappinger Town �X Date: l �1� (3)