LOCAL LAW NO. 1 OF 2024
TO OVERRIDE THE 2025 TAX CAP LIMIT
DATED: SEPTEMBER 17, 2024
WHEREAS, the New York State Legislature enacted General Municipal Law §3-c
which establishes a limit upon real property tax levies by local governments, and
WHEREAS, pursuant to General Municipal Law §3-c (5), a local government may adopt
a budget in excess of the tax levy limit only if the governing body of such local government first
enacts a local law to override the tax levy limit for the coming fiscal year only, and
WHEREAS, the Town of Benson NY Town Board not yet finalized the fiscal year
2025 budget, and may need the flexibility to exceed the property tax cap if it is deemed
necessary, and
WHEREAS, the current inflationary environment threatens to significantly increase
costs to the Town, including those for labor, energy, equipment maintenance items, transfer
station contract increase and road repair, among others.
NOW THEREFORE, BE IT ENACTED by the Town of Benson NY, Town Board, as
follows:
Section 1
Legislative Intent
The Benson Town Board has determined that it is important to maintain flexibility in the
process of finalizing the fiscal year 2025 budget, and it may be necessary to override the limit
on the amount of real property taxes that may be levied by the Town of Benson for the coming
fiscal year 2025.
Section 2
Override of Tax Levy Limit
Upon the adoption of this local law, the Town Board is hereby authorized to override the tax
levy limit for the coming fiscal year 2025, if the Board deems it necessary for the Town of
Benson to adopt a budget for the fiscal year 2025 which may require a real property tax levy in
excess of the “tax levy limit” as defined by General Municipal Law §3-c.
Section 3
Legal Authority
The authority to override the tax levy limit is authorized by General Municipal Law §3-c (5),
which expressly authorizes a local government to override the tax levy limit for the coming
fiscal year 2025 by the adoption of a local law approved by a vote of sixty percent (60%) of the
total voting power of its governing body, the Benson Town Board.
Section 4
Effective Date
This Local Law shall take effect immediately, in accordance with the provision of the
Municipal Home Rule Law of the State of New York.
Motion by
Seconded by
VOTE: P. Snyder- R. Blowers- L. Mead- T. Abrams- S. Shepard-
Motion
This is to certify that I, the undersigned Town Clerk of the Town of Benson, have compared
theforegoing copy of resolution with the original minutes thereof and now remaining on file of
record in my office, and that the same is a true and correct transcript of such original.
In testimony whereof I have hereunto set my hand and affixed the Seal of the Town of Benson
this 17th day of 2024.
TOWN OF BENSON