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LL #02-2006` NEW 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. udim X$wX Wappinger ------------------------- -------------------------- of -------- -------- Town WSW Local Law No. -------- #2 ------------ - - of the year 20- 06 - "FURTHER AMENDING §234-44.A OF THE TOWN OF WAPPINGER CODE BY INCLUDING ------------------------- - A local law ------------------------------------------------- - --- --- ----------- (]men Tide) THE MEADOWOOD WATER DISTRICT WITHIN THE CENTRAL WATER SYSTEM A_ - -------------------------------------------------- -------------------------- ESTABLISHING THE WATER RATE STRUCTURE FOR THE FLEETWOOD WATER DISTRICT, ----------------------------------- ---------------------------------- ---------------- - - ------------------------------------------- THE TALL TREES WATER IMPROVEMTNT AREA, AND THE WATCH HILL WATER DISTRICT -------------------------- --------------------------- -- FOR THE 2006 CALENDAR YEAR" _ _-- of the Be It enacted by the---T��IDT-o�.OARDB�y�----------------- ------------------------------------ ew zirlaiie ZS HIV NZRYX Wappinger------------ ---------------------------------- as follows: of ----------------------- -------------------- Town XVtI W TEXT COMMENCES ON NEXT PAGE (If additional space is needed, attach pages the same size as this sheet, and number each.) (1) DOS -239 (Rev. 11/99) LOCAL LAW NOJ2 OF THE YEAR 2006 A Local Law entitled "Local Law No. #2 of the Year 2006, Further Amending Article 234-44.A of the Town of Wappinger Code By Including the Meadowood Water District within the Central Water System and Establishing the Water Rate Structure for the Fleetwood Water District, the Tall Trees Water Improvement Area, and the Watch Hill Water District 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. #2 of the Year 2006, Further Amending Article 234-44.A of the Town of Wappinger Code By Including the Meadowood Water District within the Central Water System and Establishing the Water Rate Structure for the Fleetwood Water District, the Tall Trees Water Improvement Area, and the Watch Hill Water District for the 2006 Calendar Year". Section II• Lezislative Intent: The purpose of the local law is to further amend Section 234-44.A of the Town of Wappinger Code by designating the Meadowood Water District as part of the Central Water System because the Meadowood Water District is also hydraulically interconnected with the other water districts and water improvements within the Central Water System. Specifically 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 O:\Wappinger\Town Board\LOCAL LAW\Central Water System\Local Law - Further Amending.doc • Cranberry Hills Water Improvement • Oakwood Water District • Wappinger Park Water District & Extension • Ardmore Hills Water Improvement Area • Meadowood Water District §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 to establish the new rates for the other water districts and water improvements not contained within the Central Water System for Calendar Year 2006. Section III: 4234.44.A shall be further 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 0:\Wappinger\Town Board\LOCAL LAW\Central Water System\Local Law - Further Amending.doc Wappinger Park Water District & Extension • Ardmore Hills Water Improvement Area • Meadowood Water District; and 2. The water rate structure for the Central Water System for the 2006 calendar year is as follows: RATE STRUCTURE FOR THE CENTRAL WATER SYSTEM FOR THE TOWN OF WAPPINGER FORTHE 2006 CALENDAR YEAR Commercial 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." O:\Wappinger\Town Board\LOCAL LAW\Central Water System\Local Law - Further Amending.doc 3. The water rate structure for the Fleetwood Water District, Tall Trees Water Improvement Area, and the Watch Hill Water District for the 2006 calendar year is as follows: PROPOSED RATE STRUCTURE FOR FLEETWOOD WATER DISTRICT, TALL TREES WATER IMPROVEMENT AREA, AND WATCH CILL WATER ALENDAR YEAR ICT FOR THE TOWN OF WAPPINGER FOR HE 2006 FLEETWOOD WATER DISTRICT: Base Rate: $48.40 minimum per quarter for the first 14,143 gallons or 1,890 cubic feet; Overage Rate: $2.50 per 1,000 gallons of water consumed. TALL TREES WATER IMPROVEMENT AREA: Base Rate: Flat rate of $95.00 per quarter. WATCH HILL WATER DISTRICT: Base Rate: $45.00 minimum per quarter for the first 2,500 cubic feet; Overage Rate: $1.40 additional per 100 cubic feet. 0:\Wappinger\Town Board\LOCAL LAW\Central Water System\Local Law - Further Amending -doe Section IV: Separabilit}, The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this local law or their application to other persons or circumstances. It is hereby declared to be the legislative intent of the Town Board of the Town of Wappinger that this Local Law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom. Section V: Effective Date: This Local Law shall become effective immediately upon filing with the Secretary of State as provided by law. 0AWappinger\Town Board\LOCAL LAW\Central Water System\Local Law - Further Amending.doc (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) �t2---------------------- of 20_Q6_ I hereby certify that the local law annexed hereto, designated as local law No. ------_ was duly passed by the of the (�y)(�i'y)(Town)(M of __ WR ARRINGE----------------- -- - ---- T-pWy_$pA�RD--------------------------- on JARUARY__9th 20.Ob, 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*.) . ___- of 20------ I hereby certify that the local law annexed hereto, designated as local law No. ------------------------------- (County)(City)(Town)(Village) ------------------------------ was duly passed by the oftheof-------------------------------- - ----------------------- ________________________ on ------------------ 20 --- , and was (approved)(not approved)(repassed after (Nome oJLegis/ative Body) and was deemed duly adopted on ------------------ 20----, disapproval) by the -------------------------------------------------- (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 oJlegisJative 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 ------ 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) _ on ------------ ------ 20 Such local law was subject to disapproval) by the ----------------------------------- ___ ___________--- . (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 oft3cer is vested with the power to approve or veto local laws or ordinances. (2)' 5.{clty IDcal law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated __ _ 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 oft e qualified electors of such city voting thereon at the (special)(generai) election held on------------------ became operative. 6. (County local law concerning adoption of Charter.) of 20------ I hereby certify that the local law annexed hereto, designated --------------------------------- State of New York, having been submitted the electors of the County of ----------------------------------------------- ----- at the General Election of November ------------------- -- 20____ , pursuant to subdivisions 5 and 7 of section 33 oft e Municipal Home Rule Law, and having received tote of a majority of te qualified electors of the f the towns of said cou county considered as a unitcit- ies of said county as a unit and a majorityh ty of qualified electors 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 original t cal lawthe , al on filein this office d was fina finally adopteann that annex fin- is a correct transcript therefrom and of the whole of such dicated in paragraph----- 1 ------- above. /') /) -2/Y � (Seal) F.Effific.e.thlesig.ol f e CoungisWive body, City, Town or Village Clerk by local It. body JOHN C. MASTERSON, Town Clerk Date:—A,4001e__ (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK co[nvTY of DUCHESS 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 Attorxky to the Town - Albert P. Roberts Title Am= X of WAPPINGER Town XWWX I h Date: (3)