Local Law No. 2 of 2018 - Amend Cold War Real Property Exemption

Town of Herkimer

Local Law No. 2 of the year 2018

A local law to Amend the Town of Herkimer Cold War Veterans Real Property Exemption Law

Be it enacted by the Town Board of the Town of Herkimer, as follows:

Section 1: Title

This Law shall be known as Local Law No. 2 of the year 2018 entitled "Amendment to the Town of Herkimer Cold War Veterans Real Property Tax Exemption Law"

Section 2: Purpose

The purpose of this local law is to amend Town of Herkimer Local Law No. 2 of the year 2010 to extend the term of the real property tax exemption previously granted to qualified Cold War Veterans in the Town of Herkimer beyond the ten year period originally authorized to allow it to continue as long as they remain qualifying owners of qualifying real property.

Section 3: Statutory Authority

This local law is adopted pursuant to the authority of Section 458-b of the New York State Real Property Tax Law. All definitions, procedures, terms and conditions of such statute shall apply to this local law.

Section 4: Extension of Cold War Veterans Real Property Tax Exemption

Town of Herkimer Local Law No. 2 of the year 2010 is hereby amended to apply to qualifying owners without regard to the ten year limitation but instead shall apply to qualifying owners of qualifying real property for as long as they remain qualifying owners .

Section 5: Severability

If any clause, sentence, paragraph, section 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, section 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 6: Effective Date

This local law shall take effect immediately upon filing with the Secretary of State.

1. I hereby certify that the local law annexed hereto, designated as Local Law No. 2 of 2018 of the Town of Herkimer, was duly passed by the Town Board on November 12, 2018 in accordance with the applicable provisions of law.
2. 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.

(signed) Jennifer DeMetro, Town Clerk
Dated: 11/13/18

(SEAL)

STATE OF NEW YORK
COUNTY OF HERKIMER

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.

(signed) Christopher R. Bray, Esq.
Town Attorney
Town of Herkimer
Dated: 11/16/2018