LL 12 Public Utilities 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.
GJ#X of (�ueensbury
Town ...........................
...............................................
Local Law No. 12................................ of the year 19 93
A local law .Entitled, Public Utilities Dep(.rtment Which Chcpter Shill Provide For
. . .... .. ............................................................. . .
The Est0lishment of the , Cepc.rtment of Public Utilities And..The.consoridi;tion"6f'Cerfl iii"C�Yher
Town Dep(,rtment Activities (.s Afore Specifically Set Forth Therein.
Be it enacted by the ...........................Town BOGrd
(Name of Legislative Body) ..........of the
Cis"y
)UNX Clueensbury
Townof .......................................... ..............................................................................as follows:
XXLW&-*x
Section 1 .
The Code of the Town of Queensbury is hereby amended by adding
thereto a new chapter to be known as Chapter 127, Public Utilities
Department, and to read as follows :
5127-1 Title.
This Chapter shall be known as the "Public Utilities
Department. "
§127-2 _Legislative Intent.
It is the legislative intent of the Town Board of the Town of
Queensbury to consolidate and centralize, by this chapter, the
structure, functions and duties of the officials, employees, and
when appropriate, the property equipment and materials within the
Department of Waste Water, the Water Department (Administration and
associated departments) . The Town Board also intends to provide
that the new Department of Public Utilities shall have certain
other duties and responsibilities' consisting of vehicle and
equipment maintenance and general construction activities. The
objective of the Town Board of the Town of Queensbury is to permit
and foster the orderly, efficient, and most economical operation of
the departments and activities affected by this Chapter and allow
the efficient and economical use of property, machinery, and
materials owned or to be purchased by the Town so that duplication
of effort, property, equipment and materials are avoided where
practical . .
§127-3 State Laws superseded.
To the extent that the provisions of this law concerning the
appointment and terms of office of the Director and/or other
(If additional space is needed, attach pages the same size as this sheet, and number each.)
(1) '
DOS•239 (Rev. 7/90)
employees conflict with Town Law S20 or S24, this Law shall
supersede and amend said sections of the Town Law of the State of
New York.
S127-4 Establishment of Department of Public Utilities .
There is hereby established and created in the Town of
Queensbury, a department of Town government to be known as the
Department of Public Utilities. The individual departments of
Waste Water and Water are hereby consolidated into the Department
of Public Utilities .
A. Department; Organization and Functions . The Department of
Public Utilities shall consist of a consolidation of the
personnel and assets of what is currently referred to as
the Waste Water Department and the Water Department. The
Department of Public Utilities shall have the added
responsibilities of administration and/or performance of
construction projects and vehicle and equipment
maintenance. The functions of the Department are more
specifically described as follows :
1 . Water Division - The provision of operational
management and supervision of the construction,
operation, repair, and maintenance of water pumping
facilities, water treatment plants, and water
distribution systems owned by or under the sole
jurisdiction of the Town or any improvement district, or
other district or agency thereof . The division shall
also have responsibility for billing of consumers for use
of water and/or sewer services supplied by the Town or by
any improvement district or other district or agency
thereof, and such other work and services as the Town
Board may lawfully direct.
2 . Sewer Division - The provision of operational
management and supervision of construction, repair,
maintenance, and cleaning of the pump stations and
sanitary sewers owned by or under the sole jurisdiction
of the Town or any improvement district or other district
or agency thereof.
3. Construction & Maintenance Division - The provision
and administration of any and all types of construction
and maintenance activities including gravel and mining
operations and processing requested or desired by any
division of the Public Utilities Department, except that
this provision shall not effect, change, or modify any
statutes or other legal authority which specifies the
manner in which construction activities shall be
undertaken, performed, or carried out by the Highway
Superintendent or other administrative head or department
(2)
which is specifically charged with certain duties, has
specific authority or must comply with specific statutory
requirements or mandates. This Division shall also
perform such other construction or maintenance activities
as shall be assigned by the Town Board of the Town of
Queensbury by resolution. Nothing herein shall be deemed
to grant authority or allow any construction or
maintenance project without Town Board authorization and
the securing of appropriate funding and following of
appropriate or lawfully mandated procedures.
4 . Vehicle and Equipment Maintenance Division - The
provisions and administration of repairing and
maintenance of vehicles and equipment owned, leased
and/or used by the Town of Queensbury, except that this
provision shall not affect any vehicle, equipment, or
machinery secured by or under the care and custody of the
Highway Superintendent or assigned to the Highway
Department and/or any other department or commission,
which by law, has the sole right to direct the use of its
equipment, vehicles, and/or machinery. The Division
shall, however, provide, repair, and/or maintain services
to the Highway Department and any other departments or
commissions which by law, have the sole right to direct
the use of its equipment, vehicles, and/or machinery, if
the Highway Department or other department shall request
such service. Appropriate payments and/or adjustments
between the funds of the Highway Department or other
similar departments of commissions and the Department of
Public Utilities shall be made for maintenance or repair
services rendered.
B. Personnel . The Department shall consist of the Office
of Director of Public Utilities, and such other officers
and employees as may be assigned by reason of the
consolidation of departments provided for herein or as
may be determined by the Town Board of the Town of
Queensbury to be needed.
C. Department Budget. A budget shall be prepared for the
Department on an annual basis in the same manner as is
required by other departments of Town government under
Town Law. The budget of the Department shall include
separate budgets for any special district or other
expense that is subject to being assessed, charged,
and/or collected from an area less than the entire Town
and hence, not properly included as a Town-wide expense.
The departments consolidated hereunder will no longer
prepare separate budgets, but rather, the budgets
submitted for the Public Utilities Department shall
incorporate all of the budgets of the affected
departments .
(3)
• D. Administrative Head. The Administrative Head of the
Department of Public Utilities shall be the Director of
Public Utilities .
1 . Appointment/Term of Director. The Town Board of the
Town of Queensbury shall appoint the Director and
whenever appointed, the Director's term of office
shall be for a period of four years and shall hold
office until the first day of January next
succeeding the second bi-annual Town election held
after the time of appointment.
2 . Salary. The Town Board of the Town of Queensbury
shall fix the salary of the Director. The salary
will be paid from the General Fund of the Town of
Queensbury and the Town Board may proportionately
assess the salary upon any improvement or benefit
district of the Town which receives the services of
the Director.
3 . Duties, Responsibilities, Authority. The Director
shall :
a. have control and supervise all officers and
employees assigned to the Department, and all
departments consolidated into the Department;
b. have such further duties, responsibilities,
and authority as the Town Board, by
resolution, may determine to be appropriate.
In any such resolution, the Town Board of the
Town of Queensbury shall first determine,
whether the responsibilities, duties, and/or
authority desired to be assigned to the
Department and/or Director is consistent with
the terms and provisions of this legislation,
State Law, and as otherwise consistent with
the duties and responsibilities of the Public
Utilities Department as created hereunder.
5127-5 Appointment of officers and Employees.
A. All officers and employees of the departments affected
hereby, shall be transferred to the Department of Public
Utilities and hold such positions as the Town Board shall
determine by resolution to be appropriate, or laid off,
if no position is determined to be appropriate. All
other additional or future officers and employees of the
Department of Public Utilities shall be appointed by the
Town Board of the Town of Queensbury and shall hold the
position to which appointed at the pleasure of the Town
Board, provided however, that any employee in the
(4)
classified Civil Service, shall be appointed, laid off,
or removed, in accordance with the Civil Service Law,
Rules, and Regulations, and any collective bargaining
agreement if the same apply by virtue of terms of said
law or agreement to the particular employee affected.
B. All salaries, wages, and/or benefits or other cost for
Public Utility Department officials and employees shall
be proportionately shared by all appropriate districts
and/or departments and/or the Town as a general expense.
C. Nothing contained herein shall be deemed to effect,
control, or modify the Town Board' s authority by
resolution, to abolish, re-classify, or create new
positions of employment in the Department of Public
Utilities after the Department is established by this
law. Likewise, nothing contained herein shall be deemed
to effect any usual management practices of hiring,
firing, and discipline of employees .
D. Nothing contained herein shall be deemed to effect,
modify, or change any requirements that may exist for the
Town and officers and employees thereof to comply with
any applicable State statutes or collective bargaining
agreements .
5127-6 Transfer of Property, Equipment, and Budgetary
Appropriations .
All property, equipment, and budgetary appropriations of or
for the Waste Water Department and Water Department shall be
transferred to the control of and shall be under the administration
of the Department of Public Utilities, provided however, that all
equipment and other assets shall be used for the benefit of the
district or tax base which paid for the same, except in those
instances herein provided. Any property or assets may be used for
the benefit of another district or department, for which the tax
base is different or for which separate funds if an accounting of
cost and/or value is appropriately assessed to the benefit of the
owning district. Any property or assets may be transferred on, a
permanent basis from an improvement district or other department
within the Town of Queensbury to any other department for which
funds are not raised on the same tax base, upon following any
applicable statutory procedures, and upon providing a payment to
the appropriate district or department budget.
5127-7 Continuing Responsibility for Payments and Charges .
Except as expressly provided, this chapter shall not, in any
manner, change the present provisions of law in effect, by reason
of any provision of any State statute or otherwise, relating to the
parcels of real property presently responsible for the payment of
(5)
real property taxes for maintenance, operation, and capital costs
of any improvement district, or other district in Town. Except as
herein expressly provided, all the charges for the foregoing shall
continue to be assessed in the same manner as if this chapter had
not been adopted, and the bookkeeping procedures of the Department
of Public Utilities and the Accounting Department for the Town of
Queensbury shall be adjusted to accommodate the provisions for tax
payments for such items in the same manner as if all of the items
were being performed by the individual departments, districts, or
agencies of the Town. Except as otherwise specifically provided in
this Chapter, all costs and expenses lawfully incurred by the
Department of Public Utilities on behalf of any special or
improvement district, or any other district or agency of the Town
or on behalf of any special Town project, shall be charged against
the district or project and paid from the funds duly appropriated
for the purpose of such district or project.
5127-8 Powers of the Town Board; Town Supervisor; Town
Highway Superintendent.
A. Nothing herein contained shall be construed to delegate
or transfer any power or authority of the Town Board
contained in §51, §64, S12, S14, and §16 of the New York
State Town Law or provided for by the New York State
Municipal Home Rule Law or other powers which may be
lawfully exercised by said Board.
B. Nothing herein contained shall be construed to delegate
or transfer any power or authority of the Town Supervisor
contained in §29, §52, or S119 of the New York State Town
Law or any other powers which may be lawfully exercised
by said Supervisor.
C. Nothing herein contained shall be construed to delegate
or transfer any power or authority expressly reserved by
statute or common law to the Town Superintendent of
Highways .
Section 2 .
In the event that any word, term or provision of this Local
Law should be declared void or unenforceable by a Court of Law,
then such word, term or provision shall be deemed deleted from this
Local Law and the same, to the extent possible, shall be read and
interpreted and enforced as so amended.
Section 3 .
This Local Law shall take effect upon filing the same in
accordance with the General Municipal Law or January 1, 1994,
whichever date is later.
(6)
• (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. 12 of 19 93
of the (XX06)W)fy1(Town)(V1VA ")bf nueensbury was duly passed by the
Town Bo(,rd on November Ist l g_, in accordance with the applicable provisions of law.
(Name of Legislative o y
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
ame o[ egie ative o y
disapproval) by the and was deemed duly adopted on 19
(Elective Chief Executive Officer
TT-
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 (gene ral)(special)(annua1) 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.
(7)
S. (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 137 of the Municipal Home Rule Law, and having received the affirmative vote of a
special
majority of the qualified electors of such city voting thereon at the general election held on ............
............19.........became operative.
6. (County local law concerning adoption of Charter.)
hereby certify that the local law annexed hereto,designated as local haw 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 S 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 appropriate certifica-
tion.)
1 further certify that 1 have compared the preceding local law with the original on file in this office
and that the same is a correct transcript therefrom andPf the whole of such original local law, and was
finally adopted in the manner indicated in paragraph.............above.
Clerk or the County legislative body,City,Town otVillale Clerk or
officer desilnaud by local legislative body
Date:
(Seal)
(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...... Grren
...............
1, 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 eiocaN o.
...........
.......................... ............
Title
XX
Date: 0/ly
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PS Form 3811, December 1991 U.S.G.P.O.:1992-307-530 DOMESTIC RETURN RECEIPT
1
11/23/93 -
The following material has been received
and will be processed for inclusion in
your Code as supplemental pages (where
applicable):
L.L. No. 12-93.
Town of Queensbury
C/O Clerk's Office
531. Bay Road
!! { !i jj tt33 Fii jj Qttue((en{{s((bu({ry,jj NY)( {12804
f tif! j}li�iftlttfff�ill!lft�fI�!}�tilitttftiS4�ii{t1E�iifiiSfili�St
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..� NEW YORK STATE DEPARTMENT OF STATE
Local Law Filing 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.
�16�Ct�j(
(XXX - (�ue ens bur y
Town
XXUR
Local Law No. ................1....2................................ of the year 19 9.....
.
A local law Entitled, Public Utilities Deportment Which Ch(,pter Sholl Provide For
. .....
The Establishment of the , Lepertment of Public Utilities And The ConsoTid�ltion of Cerf6iif' 'Yfier
Town DepGrtment Activities Gs Afore Specificclly Set Forth Therein.
Be it enacted by the To Bocrd •••.........................................of the
................. ...............wn ............ .....................................
(Name of Legislative Body)
)QcfX of ............. l by..................................................................................as follows:
Town
xmwgve1c
Section 1 .
The Code of the Town of Queensbury is hereby amended by adding
own as Chapter 127 , Public Utilities
thereto a new chapter to be kn
Department, and to read as follows :
§127-1 Title.
This Chapter shall be . known as the "Public Utilities
Department. "
§127-2 _Legislative Intent.
It is the legislative intent of the Town Boardso chapter,theTown
wntof
Queensbury to consolidate and centralize, by employees, and
structure, functions and duties
u meat and materials within the
when appropriate, the property q P
Department of Waste Water, the Water Board also Departmenttint intends to provide
associated departments) . The T
that the new Department of Public Utilities shall have certain
other duties and responsibilities consisting of vehicle and
neral construction activities
equipment maintenance and ge . The
objective of the Town Board of the aril most economicaensburl operation of
n of Que
and foster the orderly, efficient, this Chapter and allow
the departments and activities affected by° machinery, and
the efficient and economical use the Town so othat duplication
materials owned or to be purchased by
of effort, property, equipment and materials are avoided where
practical . .
§127-3 State Laws superseded.
oncerni
the
To the extent that the provisions of of the tDirectorhis law c and/or nother
appointment and terms of offs
(If additional space is needed, attach pages the same size as this sheet, and number each.) >
(1)
DOS-239 (Rev. 7/90)
employees conflict with Town Law S20 or §24, this Law shall
supersede and amend said sections of the Town Law of the State of
New York.
§127-4 Establishment of Department of Public Utilities.
There is hereby established and created in the Town of
Queensbury, a department of Town government to be known as the
Department of Public Utilities. The individual departments of
Waste Water and Water are hereby consolidated into the Department
of Public Utilities .
A. Department; Organization and Functions . The Department of
Public Utilities shall consist of a consolidation of the
personnel and assets of what is currently referred to as
the Waste Water Department and the Water Department. The
Department of Public Utilities shall have the added
responsibilities of administration and/or performance of
construction projects and vehicle and equipment
maintenance. The functions of the Department are more
specifically described as follows :
1 . Water Division - The provision of operational
management and supervision of the construction,
operation, repair, and maintenance of water pumping
facilities, water treatment plants, and water
distribution systems owned by or under the sole
jurisdiction of the Town or any improvement district, or
other district or agency thereof. The division shall
also have responsibility for billing of consumers for use
of water and/or sewer services supplied by the Town or by
any improvement district or other district or agency
thereof, and such other work and services as the Town
Board may lawfully direct.
2 . Sewer Division - The provision of operational
management and supervision of construction, repair,
maintenance, and cleaning of the pump stations and
sanitary sewers owned by or under the sole jurisdiction
of the Town or any improvement district or other district
or agency thereof .
3 . Construction & Maintenance Division - The provision
and administration of any and all types of construction
and maintenance activities including gravel and mining
operations and processing requested or desired by any
division of the Public Utilities Department, except that
this provision shall not effect, change, or modify any
statutes or other legal authority which specifies the
manner in which construction activities shall be
undertaken, performed, or carried out by the Highway
Superintendent or other administrative head or department
(2)
which is specifically charged with certain duties, has
specific authority or must comply with specific statutory
requirements or mandates . This Division shall also
perform such other construction or maintenance activities
as shall be assigned by the Town Board of the Town of
Queensbury by resolution. Nothing herein shall be deemed
to grant authority or allow any construction or
maintenance project without Town Board authorization and
the securing of appropriate funding and following of
appropriate or lawfully mandated procedures.
4 . Vehicle and Equipment Maintenance Division - The
provisions and administration of repairing and
maintenance of vehicles and equipment owned, leased
and/or used by the Town of Queensbury, except that this
provision shall not affect any vehicle, equipment, or
machinery secured by or under the care and custody of the
Highway Superintendent or assigned to the Highway
Department and/or any other department or commission,
which by law, has the sole right to direct the use of its
equipment, vehicles, and/or machinery. The Division
shall, however, provide, repair, and/or maintain services
to the Highway Department and any other departments or
commissions which by law, have the sole right to direct
the use of its equipment, vehicles, and/or machinery, if
the Highway Department or other department shall request
such service. Appropriate payments and/or adjustments
between the funds of the Highway Department or other
similar departments of commissions and the Department of
Public Utilities shall be made for maintenance or repair
services rendered.
B. Personnel. The Department shall consist of the Office
of Director of Public Utilities, and such other officers
and employees as may be assigned by reason of the
consolidation of departments provided for herein or as
may be determined by the Town Board of the Town of
Queensbury to be needed.
C. Department Budget. A budget shall be prepared for the
Department on an annual basis in the same manner as is
required by other departments of Town government under
Town Law. The budget of the Department shall include
separate budgets for any special district or other
expense that is subject to being assessed, charged,
and/or collected from an area less than the entire Town
and hence, not properly included as a Town-wide expense.
The departments consolidated hereunder will no longer
prepare separate budgets, but rather, the budgets
submitted for the Public Utilities Department shall
incorporate all of the budgets of the affected
departments .
(3)
D. Administrative Head. The Administrative Head of the
Department of Public Utilities shall be the Director of
Public Utilities .
1 . Appointment/Term of Director. The Town Board of the
Town of Queensbury shall appoint the Director and
whenever appointed, the Director' s term of office
shall be for a period of four years and shall hold
office until the first day of January next
succeeding the second bi-annual Town election held
after the time of appointment.
2 . Salary. The Town Board of the Town of Queensbury
shall fix the salary of the Director. The salary
will be paid from the General Fund of the Town of
Queensbury and the Town Board may proportionately
assess the salary upon any improvement or benefit
district of the Town which receives the services of
the Director.
3 . Duties, Responsibilities, Authority. The Director
shall:
a. have control and supervise all officers and
employees assigned to the Department, and all
departments consolidated into the Department;
b. have such further duties, responsibilities,
and authority as the Town Board, by
resolution, may determine to be appropriate.
In any such resolution, the Town Board of the
Town of Queensbury shall first determine,
whether the responsibilities, duties, and/or
authority desired to be assigned to the
Department and/or Director is consistent with
the terms and provisions of this legislation,
State Law, and as otherwise consistent with
the duties and responsibilities of the Public
Utilities Department as created hereunder.
5127-5 Appointment of officers and Employees .
A. All officers and employees of the departments affected
hereby, shall be transferred to the Department of Public
Utilities and hold such positions as the Town Board shall
determine by resolution to be appropriate, or laid off,
if no position is determined to be appropriate. All
other additional or future officers and employees of the
Department of Public Utilities shall be appointed by the
Town Board of the Town of Queensbury and shall hold the
position to which appointed at the pleasure of the Town
Board, provided however, that any employee in the
(4)
classified Civil Service, shall be appointed, laid off,
or removed, in accordance with the Civil Service Law,
Rules, and Regulations, and any collective bargaining
agreement if the same apply by virtue of terms of said
law or agreement to the particular employee affected—
B. All salaries, wages, and/or benefits or other cost for
Public Utility Department officials and employees shall
be proportionately shared by all appropriate districts
and/or departments and/or the Town as a general expense.
C. Nothing contained herein shall be deemed to effect,
control, or modify the Town Board's authority by
resolution, to abolish, re-classify, or create new
positions of employment in the Department of Public
Utilities after the Department is established by this
law. Likewise, nothing contained herein shall be deemed
to effect any usual management practices of hiring,
firing, and discipline of employees .
D. Nothing contained herein shall be deemed to effect,
modify, or change any requirements that may exist for the
Town and officers and employees thereof to comply with
any applicable State statutes or collective bargaining
agreements .
5127-6 Transfer of Property, Equipment, and Budgetary
Appropriations .
All property, equipment, and budgetary appropriations of or
for the Waste Water Department and Water Department shall be
transferred to the control of and shall be under the administration
of the Department of Public Utilities, provided however, that all
equipment and other assets shall be used for the benefit of the
district or tax base which paid for the same, except in those
instances herein provided. Any property or assets may be used for
the benefit of another district or department, for which the tax
base is different or for which separate funds if an accounting of
cost and/or value is appropriately assessed to the benefit of the
owning district. Any property or assets may be transferred on a
permanent basis from an improvement district or other department
within the Town of Queensbury to any other department for which
funds are not raised on the same tax base, upon following any
applicable statutory procedures, and upon providing a payment to
the appropriate district or department budget.
S127-7 Continuing Responsibility for Payments and Charges .
Except as expressly provided, this chapter shall not, in any
manner, change the present provisions of law in effect, by reason
of any provision of any State statute or otherwise, relating to the
parcels of real property presently responsible for the payment of
(5)
real property taxes for maintenance, operation, and capital costs
of any improvement district, or other district in Town. Except as
herein expressly provided, all the charges for the foregoing shall
continue to be assessed in the same manner as if this chapter had
not been adopted, and the bookkeeping procedures of the Department
of Public Utilities and the Accounting Department for the Town of
Queensbury shall be adjusted to accommodate the provisions for tax
payments for such items in the same manner as if all of the items
were being performed by the individual departments, districts, or
agencies of the Town. Except as otherwise specifically provided in
this Chapter, all costs and expenses lawfully incurred by the
Department of Public Utilities on behalf of any special or
improvement district, or any other district or agency of the Town
or on behalf of any special Town project, shall be charged against
the district or project and paid from the funds duly appropriated
for the purpose of such district or project.
5127-8 Powers of the Town Board; Town Supervisor; Town
Highway Superintendent.
A. Nothing herein contained shall be construed to delegate
or transfer any power or authority of the Town Board
contained in §51, §64, §12, §14, and S16 of the New York
State Town Law or provided for by the New York State
Municipal Home Rule Law or other powers which may be
lawfully exercised by said Board.
B. Nothing herein contained shall be construed to delegate
or transfer any power or authority of the Town Supervisor
contained in §29, §52, or §119 of the New York State Town
Law or any other powers which may be lawfully exercised
by said Supervisor.
C. Nothing herein contained shall be construed to delegate
or transfer any power or authority expressly reserved by
statute or common law to the Town Superintendent of
Highways.
Section 2 .
In the event that any word, term or provision of this Local
Law should be declared void or unenforceable by a Court of Law,
then such word, term or provision shall be deemed deleted from this
Local Law and the same, to the extent possible, shall be read and
interpreted and enforced as so amended.
Section 3 .
This Local Law shall take effect upon filing the same in
accordance with the General Municipal Law or January 1, 1994,
whichever date is later.
(6)
(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. 12 of 19 93
of the (,CXW1M)ly0(Town)(V1lk N)6f Queensbury was duly passed by the
Town Bo(,rd on November Ist,19 93
_, in accordance with the applicable provisions of law.
(Name o egu attve o y
Z. (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_,
(Elective Chief ExecutiveOfficer')
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
1 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.
(7)
• S. (City local law concerning Charter revision proposed by petition.)
1 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 137 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 l election held on ............
............ 19.........became operative.
6. (County local law concerning adoption of Charter.)
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 S 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 appropriate certifica-
tion.)
1 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 Pf the whole of such original local law, and was
finally adopted in the manner indicated in paragraph.............above.
/ A 0,6,
Cler of the County legislative body,City,Town or Village lark or
officer designated by local legislative body
Date: 2" 91
(Seal)
(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...... (rren
...............
1, 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 exe I
..,ae. .................
• gnature
arm r .....t1.7 ................
Title
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