Local 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.

 

County

City

of         CHAMPION                                                                                       

Town

Village

 

Local Law No.                 7      of the year 2005

 

A local law       A Local Law Providing for Partial Real Property Tax Exemption for Volunteer Firefighters and Ambulance Workers Pursuant to Section 466-f of the Real Property Tax Law       

           

Be it enacted by                                   Town Board                                           of the

(Name of Legislative Body)

County

City

of         Town of Champion                                                                  as follows:

Town

Village

 

Section 1.  Title and Authority.  This local law shall be known as the “Local Law Providing for Partial Real Property Tax Exemption for Volunteer Firefighters and Ambulance Workers Pursuant to Section 466-f of the Real Property Tax Law.”

 

Section 2.  Purpose. 

 

1.         Real property owned by an enrolled member of an incorporated volunteer fire company, fire department or incorporated voluntary ambulance service or such enrolled member and spouse residing in the Town of Champion shall be exempt from taxation to the extent of 10 percent of the assessed value of such property for Town, part Town, special district, school or county purposes, exclusive of special assessments, provided, that such exemption shall in no event exceed $3,000 multiplied by the latest State equalization rate for the Town of Champion. 

 

2.         Such exemption shall only be granted to an enrolled member of an incorporated volunteer fire company, fire department  or incorporated voluntary ambulance services if:

 

(a)             the applicant resides in the Town of Champion and is a member of an incorporated volunteer fire company or fire department or incorporated voluntary ambulance service which provides service within the Town of Champion. 

(b)            the real property which is the subject of such exemption is the primary residence of the applicant.

(c)             the real property is used exclusively for residential purposes; provided however, that in the event any portion of such property is not used exclusively for the applicant’s residence but is used for other purposes, such portion shall be subject to taxation and the remaining portion only shall be entitled to the exemption provided by this Local Law.

(d)            the applicant has obtained and displayed a certificate issued by the authority having jurisdiction for the incorporated volunteer fire company or fire department indicating that the applicant has been an enrolled member of such incorporated volunteer fire company or fire department for at least five years or the applicant has been certified by the authority having jurisdiction for the incorporated voluntary ambulance service as an enrolled member of such incorporated voluntary ambulance service for at least five years.

(e)             The assessor of the Town of Champion shall have the duty and responsibility of procuring and filing a copy of such certification prior to granting the exemption provided for by this Local Law. 

3.               Any enrolled member of an incorporated volunteer fire company, fire department or incorporated voluntary ambulance service who accrues more than twenty years of active service and is so certified by the authority having jurisdiction for the incorporated volunteer fire company, fire department or incorporated voluntary ambulance service, shall be granted the ten percent exemption as authorized by this section for the remainder of his or her life as long as his or her primary residence is located within the Town of Champion.

4.               Application for such exemption shall be filed with the assessor of the Town of Champion on or before the taxable status date on a form as prescribed by the State Board of Equalization and Assessment. 

5.               No applicant who is a volunteer firefighter or volunteer ambulance worker who by reason of such status is receiving any benefit under the provisions of this Local Law on the effective date of this section shall suffer any diminution of such benefit because of the provisions of this Local Law.

 

It is intended by this Local Law to adopt the partial real property tax exemptions provided for in in accordance with Section 466-f of the Real Property Tax Law.

 

Section 3.  Effective Date.  This law shall be effective upon filing with the Secretary of State to be effective on the next taxable status date in the Town of Champion.

 

 

(If additional space is needed, attach pages the same size as this sheet, and number each.)

 

 

(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.         7          of 2005 of the (County)(City)(Town)(Village) of      Champion         was duly passed by the

 Town Board             on  November 7, 2005, in accordance with the applicable

(Name of Legislative body) provisions of law.

 

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 2005 of the (County)(City)(Town)(Village) of                              was duly passed by the                                                    on                               2005 , and was (approved)( not approved)

           (Name of Legislative Body)

(repassed after disapproval) by the                                              and was deemed duly adopted

                                                 (Elective Chief Executive Officer)                  

on                    2005 , 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 2005 of the (County)(City)(Town)(Village) of                  Champion                                 was duly passed by the                                                         on                          , and was (approved)( not

            (Name of Legislative Body)

approved) (repassed after disapproval) by the                                            on                        .

                                                                        (Elective Chief Executive Officer*)

 

Such local law was submitted 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 November 2, 2005 , 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 2005 of the (County)(City)(Town)(Village) of                               was duly passed by the                                                  on                            2005, and was (approved)( not approved)  (repassed after disapproval)

(Name of Legislative Body) by the                                                            on                                2005 .

                                                (Elective Chief Executive Officer*)[1]

Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of                           2005 , in accordance with the applicable provisions of law.

 

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 2005 of the Town 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  town voting thereon at the (special)(general) election held on                         2005 , 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 2005 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 cities 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 indicated in paragraph                     , above.

 

 

                                                                                                                                   

                                                            Clerk of the county legislative body, City, Town or Village Clerk or

officer designated by local legislative body

                                                                        Christina M. Vargulick

(Seal)                                                  

Date:    November         , 2005                          

(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 JEFFERSON

 

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.

 

 

                                                                                                                                                                                                                           

Signature Timothy A. Farley

Title:  Town Attorney

Town of Champion

Date:    November         , 2005                          



[1] [1]* 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.

DOS-239 (Rev. 11/99)