RESOLUTION NO. 145 of 2008 DATED: April 22, 2008

WHEREAS, on March 25, 2008 a proposed Local Law for the County of Montgomery County entitled " A Local Law which Increases Mortgage Tax in Montgomery County" was presented to the Board of Supervisors for consideration, and

WHEREAS, on March 25, 2008 Resolution 117 of 2008 was adopted authorizing and directing that a Public Hearing be held by the Board of Supervisors on the 22nd day of April, 2008 at the time and place appointed, and

WHEREAS, said public hearing has been held,

RESOLVED, that Introductory Local Law No. 3 of 2008  entitled " A Local Law which Increase Mortgage Tax in Montgomery County" hereby is adopted and is incorporated  as follows:

A Local Law Imposing An Additional Mortgage Tax in Montgomery County

Be it enacted by the Board of Supervisors of the County of Montgomery as follows:

Section 1.  For the period commencing June 1, 2008 and ending November 30, 2008, unless further extended by local law of the Board of Supervisors, there is hereby imposed in Montgomery County a tax of Fifty Cents ($.50) for each one hundred dollars ($100.00) and each remaining major fraction thereof of principal debt or obligation which is or under any contingency may be secured at the date of execution thereof, or at any time thereafter, by a mortgage on real property situated within such county and recorded on or after the date upon which such tax takes effect and a tax of Fifty Cents ($.50) on such mortgage if the principal debt or obligation which is or by any contingency may be secured by such mortgage is less than one hundred dollars ($100.00).

Section 2.  The taxes imposed pursuant to this local law shall be administered and collected in the same manner as the taxes imposed under subdivision one of Section 253 and paragraph (b) of subdivision 1 of Section 255 of the Tax Law.  Except as otherwise provided in this section, all the provisions of the Tax Law relating to or applicable to the administration and collection the taxes imposed by such subdivisions shall apply to the taxes imposed under the authority of this section with such modifications as may be necessary to adapt such language to the tax so authorized.  Such provisions shall apply with the same force and effect as if those provisions had been set forth in full in this section, except to the extent that any provision is either inconsistent with a provision of this section or not relevant to the tax authorized by this section.  For purposes of this section, any reference to the Tax Law to the tax or taxes imposed by the Tax Law shall be deemed to refer to a tax imposed pursuant to this section, and any reference to the phrase "within this state" shall be read as "within Montgomery County", unless a different meaning is clearly required.

Section 3.  Where the real property covered by the mortgage subject to the tax imposed pursuant to the authority of this section is situated in the State by within and without Montgomery County, the amount of such tax due and payable to Montgomery County shall be determined in a manner similar to that prescribed in the first paragraph of Section 260 of the Tax Law, which concerns real property situated in two or more counties.  Where such property is situated both within Montgomery County and without the State, the amount due and payable in Montgomery County shall be determined in the manner prescribed in the second paragraph of such Section 260, which concerns property situated within and without Montgomery County.  Where real property is situated within and without Montgomery County, the recording officer of the jurisdiction in which the mortgage is first recorded shall be required to collect the taxes imposed pursuant to this section.

Section 4.  A tax imposed pursuant to this Local Law shall be in addition to the taxes imposed by Section 253 of the Tax Law.

Section 5.  Notwithstanding any provision of Article 11  of the Tax Law to the contrary, the balance of all monies paid to the recording officer  of  the  county  of Montgomery  during  each month upon account of the tax imposed pursuant to this Local Law, after deducting the necessary expenses of his office as provided in Section 262 of the Tax Law,  except taxes paid upon mortgages which under the provisions of this Section or Section 260 of the Tax Law, are first to be  apportioned  by the New York State Commissioner of Taxation and Finance, shall be paid over by such officer on or before the tenth (10) day of each succeeding month to the Montgomery County Treasurer  and after the deduction by such County Treasurer of the necessary expenses of his or her office provided in Section 262 of the Tax Law, shall be deposited in the general fund of the county of Montgomery for expenditure on any county purpose.  Notwithstanding  the provisions of the preceding sentence, the tax so imposed and paid upon mortgages covering real property situated in  two  or more counties, which under the provisions of this Local Law or Section 260 of the Tax Law are first to be apportioned by the Commissioner of Taxation and Finance, shall be paid over by the recording officer receiving the same as provided by the determination of said Commissioner of Taxation and Finance.

Section 6. The tax imposed pursuant to this Local Law shall be payable on the recording of each mortgage of real property subject to taxes there under.  Such tax shall be paid to the recording officer of the county in which the real property or any part thereof is situated, except where real property is situated within and without the county, the recording officer of the county in which the mortgage is first recorded shall collect the tax impose by this Local Law, as required by subdivision two of Section 253-d of the Tax Law.  It shall be the duty of such recording officer to indorse upon, each mortgage a receipt for the amount of  the tax so paid.  Any mortgage so endorsed may thereupon or thereafter be recorded by any recording officer and the receipt of such tax indorsed upon each mortgage shall be recorded therewith.  The record of such receipt shall be conclusive proof that the amount of tax stated therein has been paid upon such mortgage.

Section 7.  This local law shall take effect on the first day of a calendar month, provided a certified copy there of is mailed by registered or certified mail to the New York State Commissioner of Taxation and Finance at the Commissioner's office in Albany at least thirty days prior to the date the local law shall take effect.  Certified Copies of this local law shall also be filed with the County Clerk, the Secretary of State and the State Comptroller within five (5) days after the local law is duly enacted.

, and

FURTHER RESOLVED, that the Clerk of the Board of Supervisors hereby is authorized and directed to file one certified copy thereof in the Office of the Secretary of State and to ensure that it is published in the County's designated legal newspapers, as required by law.

MOTION TO TABLE by Supervisor Johnson, seconded by Supervisor Barone, Sr., was defeated with Aye(276).  Supervisors Johnson and Barone, Sr. voted Aye.  Supervisor DiMezza was absent. (4/22/2008)

RESOLUTION DEFEATED with Aye(0).  Supervisor DiMezza was absent. (4/22/2008)