Public hearing required to override “tax levy limit,” read the proposed local law
NOTICE IS HEREBY GIVEN that on September 6, 2022, presented to the Town Board of the Town of Alma, New York, proposed Local Law 3-22 for the year 2022. A Local Law to override the limit on the amount of real property taxes that may be levied by the Town of Alma, County Allegany to adopt a Town Budget for the fiscal year 2023 that requires a real property tax levy in excess of the “tax levy limit” as defined in General Municipal Law 3-c.
THEREFORE, pursuant to statute the Town Board will hold a Public Hearing on said Local Law at 6:00pm on Tuesday, September 20, 2022 at the Alma Town Hall, 5838 Allen St., Allentown, New York, at which time and place all persons interested will be heard. A copy of the proposed Local Law is on file for public review at the Town Office of the Town of Alma on Tuesdays 8am-3pm.
Heather Trask Alma Town Clerk
TOWN OF ALMA LOCAL LAW #3 OF 2022
A LOCAL LAW TO OVERRIDE THE REAL PROPERTY TAX CAP LEVY ESTABLISHED BY GENERAL MUNICIPAL LAW SECTION 3-c.
Section 1. Legislative Intent.
It is the intent of this local law to override the limit on the amount of real property taxes that may be levied by the Town of Alma, pursuant to General Municipal Law Section 3-c, and to allow the Town of Alma to adopt a budget for fiscal year 2023 that requires a tax levy increase in excess of the “tax levy limit” as defined by General Municipal Law Section 3-c.
Section 2. Authority.
This local law is adopted pursuant to subdivision 5 of General Municipal Law Section 3- c, which expressly authorizes the Town Board to override the tax levy limit 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 Alma, County of Allegany, State of New York, is hereby authorized to adopt a budget for fiscal year 2023 that requires a real property tax levy in excess of the amount otherwise proscribed in General Municipal Law Section 3-c. This override is necessary to deal with the following increased costs:
- increased health insurance costs pursuant to the Collective Bargaining Agreement that the Town is obligated to pay pursuant to the State Taylor Law;
- increased wages for Town employees pursuant to the Collective Bargaining Agreement that the Town is obligated to pay pursuant to the State Taylor Law;
- increased wages for non-union Town employees;
- to offset increased operating costs that impact critical and necessary operations of the Town of Alma; and
- to cover a possible shortfall in 2022 General Fund.
Section 4. Severability.
If any clause, sentence, paragraph, subdivision, or part of this Local Law or the application thereof to any person, firm or corporation, or circumstance, shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, 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 pursuant to Section 27 of the Municipal Home Rule Law.
