The Village of Asharoken will hold a public hearing on legislation to allow the village to pierce the two percent tax cap, if necessary.
If the legislation is passed, Asharoken can avoid penalties from the state should its 2013-2014 budget exceed the two percent cap on the tax levy. Municipalities consider it a precaution and it does not necessarily mean that they will exceed the cap.
The legislation is as follows:
Section 1. Legislative Intent
It is the intent of this local law to allow the Village of Asharoken to adopt a budget for the fiscal year commencing 6/01/2013 that requires a real property tax levy in excess of the “tax levy limit” as defined by General Municipal Law § 3-c.
Section 2. Authority
This local law is adopted pursuant to subdivision 5 of General Municipal law § 3-c, which expressly authorizes a local government’s governing body to override the property tax cap for the coming fiscal year by the adoption of a local law approved by a vote of sixty percent (60%) of said governing body.
Section 3. Tax Levy Limit Override
Board of Trustees of the Village of Asharoken, County of Suffolk, is hereby authorized to adopt a budget for the fiscal year commencing 6/01/2013 that requires a real property tax levy in excess of the amount otherwise prescribed in General Municipal Law § 3-c.
Section 4. Severability
If a court determines that any clause, sentence, paragraph, subdivision, or part of this local law or the application thereof to any person, firm or corporation, or circumstance is invalid or unconstitutional, the court’s order or judgment shall not affect, impair, or invalidate the remainder of this local law, 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.