LL 02 Sixty Day Amnesty Water Meters r
,Local Law Filing NEW YORK STATE DEPARTMENT OF STATE
162 WASHINGTON AVENUE, 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.
ooxow
XXW of y
.Queensb r ........................................
Town
VIl A'
Local Law No. 2 . of the year 19 .9?..
..............................
A local lawProvdiny,For.A Sixty-Day Amnesty Period For The Reporting of Service And
Insert Title
.. . .............................................................
Commencement o Billing Li-vices For Unreported And Nonpaying Water Users In All Water Districts
ARd Extengigns hereof In The Town of Queensbury
Be it enacte y the .................... me.. v ...... ............................Town.Boord...............................of the
. . . ... . . .. .
(Name of. .Legisl. ....ati. ve Body)
CAW
ClIQ;)CX
Townof ..........Q11co tsbury................................................................................................................as follows:
VZ)WdC
SECTION 1 : Title
This Local Law shall be titled: "A Local Law Providing for a
Sixty-Day Amnesty Period for the Reporting of Service and
Commencement of Billing Services for Unreported and Nonpaying Water
Users in All Water Districts and Extensions Thereof in the Town of
Queensbury. "
SECTION 2 : Authority
The authority for this Local Law is Municipal Home Rule Law
Sectlon 10 1. (ii) ( 9-a) , Town Law Sections 64 , 65 and 198 .
SECTION 3 : Legislative History and Purpose
It has come to the attention of the Town Board that there may
be homes or businesses in Water Districts of the Town of Queensbury
which are hooked-up or connected to water service pipes owned by a
<< District and receiving water from a District but not receiving
bills and, therefor, not paying. The Town Board, after careful
consideration of this matter, feels that it would be in the best
interest of the Water Districts to allow anyone who has been
receiving Town water and who has not been billed or charged for the
same to date, to come forth and notify the Town of Queensbury and
begin receiving bills based on current and future usage. If it is
necessary to upgrade service pipes from the water main, the cost,
of course, would be done at the owner' s or occupant ' s expense. The
Town Board, as a fair method of dealing with this matter quickly
and efficiently, feels it would be appropriate to agree not to
prosecute, commence a suit or make any claim for any back charges,
penalties or fines or any other sum for water used from the
District and not billed for prior to the time of notification by
the individual .
(If additional space is needed, attach pages the same size as t6is sheet, and number each.)
(1)
DOS•239 (Rev. 7/90)
s
f
SECTION 4 : Local Law Superseded
This Local Law shall temporarily modify, supersede or suspend
some of the directives, rules or mandates of Chapter 173 of the
Code of the Town of Queensbury as more specifically set forth
herein. The modification, superseding or suspension shall be for
a period of only 60 days and for only those specific purposes set
forth herein. Thereafter, Chapter 173 of the Code of the Town of
Queensbury shall continue in full force and effect, except as
specifically set forth herein.
SECTION 5 : Definitions
Persons - shall mean any individual, owner, occupant,
proprietorship, partnership or corporation.
SECTION 6 : Grant of Amnesty and Rules Applying Thereto
a) Upon the effective date of this Local Law, and during the
following 60-day time period, any person who owns or occupies
a dwelling or business or other building which is connected to
any Water District water main and receiving water or can
receive water from the District and who has not received any
water bill for a period of 2 or more years prior to the date
hereof and who is not currently being billed in any manner for
such water service may notify the Town of Queensbury Water
Department of the circumstances and request that billing for
water service begin and, if necessary, standard meters be
installed at Town expense.
b) Any person who qualifies under paragraph a) hereof and
elects to notify the Town of Queensbury pursuant to the
provisions of this Law shall be liable for the installation of
new or replacement service pipes or pressure regulating
valves, if determined to be necessary by the Water Department
of the Town of Queensbury. In making this determination, the
Water Department personnel will only act upon what is evident
or what information they are informed of . The Town of
Queensbury will not and intends not by this provision to
assume any duty or responsibility to investigate or be liable
for service pipes that have been improperly located or
constructed and which have not received Water Department
approval . Any person shall also, after notification is given,
be liable from the date of notification for all customary
water bills from the particular Water District in which he/she
is located.
c) Although notification must occur within 60 days from the
effective date of this law, if work or materials are used to
upgrade the water service pipe, the person shall have until
May 15 to make the repairs, modifications or additions .
Billing for water, however, shall commence as of the date of
notification.
(2)
d) All persons affected by this Local Law are hereby notified
that the Town of Queensbury shall not prosecute, commence
civil action or make any other claim for back charges,
penalties, fines or any other sum for water used and not
billed and paid for prior to the notification from any person
who makes a request under the circumstances set forth in this
Local Law within the 60 day time period. Said person's only
obligation will be to pay for any additional hookup charges
that may be necessary and begin paying for water service from
the date of notification and thereafter.
SECTION 7 : Effective Date
This Local Law shall take effect immediately upon filing with
the Secretary of State of the State of New York. This Local Law
shall expire, become void and of no effect at midnight of the 60th
day following the date of effect of this Local Law. All benefits,
privileges or rights granted or affected by this Local Law shall
likewise expire except that any persons coming forth during the
60-day time period will retain, at all times, the benefits conveyed
to them by this Local Law. Nothing in this paragraph shall be
deemed to preclude the reenactment of this Local Law and such terms
as may be deemed advisable by the Town Board.
(3 )
(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. 2 of 19 92
of the (C&1WXI9X3N(Town)(V Q%dV)Kof Queensbury was duly passed by the
Town Board on Februory 3r , 19 92, 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 19
of the (County)(City)(Town)(Village) of was duly passed by the
on 19_, and was (approved)(not disapproved)(repassed after
(Name of Legislative Body)
disapproval) by the and was deemed duly adopted on 19_,
ect�ve Chief xecutive OM
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 19
of the (County)(City)(Town)(Village) of was duly passed by the
on 19 and was (approved)(not disapproved)(repassed after
Name of Legislative Body
disapproval) by the on 19_ Such local law was
Elective Chief Executive Officer
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
19 , in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referndum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
on 19_, and was (approved)(not disapproved)(repassed after
Name of Legislative Body
disapproval) by the on 19_ Such local law was subject to
Elective Chief Executive Officer*
permissive referendum and no valid petition requesting such referendum was filed as of 19_,
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 chairman 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.
(4)
•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 19�
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 .
19_, 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 19
of the County of , State of New York, having been submitted to
the electors at the General Election of November 19_, 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 of 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 appropritate 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 1 , above.
erk of the GemwAV legislativeboodyy,i W,'Pown or a Clerk
or officer designated by local legileative body
(Seal) Date: February 5th, 1992
(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 Worren
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.
gnature
Town Attorney
Title
M"W
M+X of Queensbury
Town
�px'i�AC
Date: Februory 5th, 7992
(5)
NYS DEPARTMENT OF STATE
BUREAU OF STATE RECORDS MUNICIPALITY
162 Washington Avenue town of queensbury
Albany, NY 12231-0001
2�12�92 LOCAL LAW(S) N0. YEAR FILING DATE
DATE: 2 1992 /7/92
Local Law Acknowledgment
The above-referenced material was received
_ and filed by this office as indicated.
F TOWN OF.Q�BURY I
531 BAY ROAD
QUEMSBURY NY 12804
Additional local law filing forms will be
I_ _I forwarded upon request.
DOS-236 (Rev. 6/90)
E
RDC 146 Pff CI:3,-;'Cj
03/04/92
0 4
The following material has been
received and we have determined that no
changes to your code are required:
Local Law No. 2-92.
Town of Queensbury
LC/O Clerk's Office
531 Say Road
('Aeensbury, NY 12804
11111 1hill ILI till Iltlltb Id!11 fill!lilt 1.,11
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