New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 5 - Executive Orders (George E. Pataki) › Section 5.146 - Executive Order No. 146: Declaring a Disaster in Erie, Genesee, Niagara and Orleans Counties and Contiguous Areas. [*]

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, beginning on October 12, 2006, and continuing
					 thereafter, severe storms with heavy snow have disrupted vital public
					 transportation, utility service, public health and public safety systems within
					 Erie, Genesee, Niagara and Orleans Counties and contiguous areas; and
WHEREAS, this event has resulted in personal hardships,
					 caused widespread power outages, hampered the movement of medical personnel,
					 stranded motorists and travelers, and continues to pose a threat to the public
					 health and safety;
NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State
					 of New York, by virtue of the authority vested in me by the Constitution and
					 Laws of the State of New York, do hereby find that a disaster has occurred for
					 which the affected local governments are unable to respond adequately.
					 Therefore, pursuant to the authority vested in me by the Constitution of the
					 State of New York and Section 28 of Article 2-B of the Executive Law, I hereby
					 declare a State Disaster Emergency, effective October 13, 2006, within the
					 territorial boundaries of Erie, Genesee, Niagara and Orleans Counties and
					 contiguous area; and
FURTHER, pursuant to Section 29 of Article 2-B of the
					 Executive Law, I direct the implementation of the State Disaster Preparedness
					 Plan and authorize, effective October 13, 2006, the State Emergency Management
					 Office, the Department of Health, the Department of Transportation, the State
					 Police, the Division of Military and Naval Affairs, the Department of
					 Environmental Conservation, the State Department of Correctional Services, the
					 Public Services Commission, the Office of Fire Prevention and Control, the
					 Department of Labor, the Office of Parks, Recreation and Historic Preservation
					 and other State agencies as necessary, to take appropriate action to protect
					 state property and to assist affected local governments and individuals in
					 responding to and recovering from this disaster, and to provide such other
					 assistance as necessary to protect the public health and safety.
FURTHER, I have designated John R. Gibb, Director of the
					 State Emergency Management Office (SEMO) as the State Coordinating Officer for
					 this event.
Signed: George E. Pataki
Dated: October 13, 2006
Executive Order No. 146.1
[DAGGER]
Extending the Period for Paying School District Taxes
					 Without Interest Levied on Real Property in Erie County Due to a Disaster
					 Emergency.
WHEREAS, beginning on October 12, 2006, and continuing
					 thereafter, severe storms with heavy snow have disrupted vital public
					 transportation, utility service, public health and public safety systems within
					 Erie, Genesee, Niagara and Orleans Counties and contiguous areas;
WHEREAS, this event has resulted in personal hardships,
					 caused widespread power outages, hampered the movement of medical personnel,
					 stranded motorists and travelers, and continues to pose a threat to public
					 health and safety;
WHEREAS, by Executive Order Number 146, I declared a State
					 Disaster Emergency in the affected counties and directed State agencies to
					 respond as necessary to assist those affected counties in restoring public
					 transportation systems and to provide such other assistance as necessary to
					 protect the public health and safety;
WHEREAS, by virtue of section 5-2.0 of the Erie County Tax
					 Act, school district taxes levied upon real property located in Erie County for
					 the 2006-2007 school year would normally be payable without interest only
					 through October 15th, or as set forth in section 5-2.0, if such date falls on a
					 Sunday, on the next business day succeeding such Sunday;
WHEREAS, such taxes would normally be subject to interest
					 if paid after that date;
WHEREAS, section 925-a (2)  of the Real Property Tax Law
					 authorizes the Governor to issue an Executive Order during a State Disaster
					 Emergency, extending the period for paying real property taxes without interest
					 by up to seven days in a county, city, town, village or school district in the
					 affected area, if the Chief Executive Officer of the county, city, town,
					 village or school district requests such an extension;
WHEREAS, a request for an extension for the payment of
					 school district taxes levied upon real property located in Erie County for the
					 2006-2007 school year has been received from the Chief Executive Officer of
					 Erie County; and
WHEREAS, given the hardships continuing to face the people
					 of Erie County as a result of the State Disaster Emergency, such an extension
					 is warranted,
NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State
					 of New York, by virtue of the authority vested in me by the Constitution and
					 the Laws of the State of New York, pursuant to section 925-a (2)  of the Real
					 Property Tax Law, do hereby extend by seven days, the period for paying school
					 district taxes for the 2006-2007 school year without interest that are
					 currently due in Erie County as of October 16, 2006, so that such taxes shall
					 be payable without interest through October 23, 2006.
FURTHER, by virtue of the same section 925-a (2)  of the Real
					 Property Tax Law, any taxes not paid by such date shall be subject to the same
					 penalties and interest that would have applied if no such extension had been
					 granted.
Signed: George E. Pataki
Dated: October 16, 2006
Executive Order No. 146.2
*
Extending the Period for Paying School District Taxes
					 Without Interest Levied on Real Property in the Lockport City School District
					 Due to a Disaster Emergency.
WHEREAS, beginning on October 12, 2006, and continuing
					 thereafter, severe storms with heavy snow have disrupted vital public
					 transportation, utility service, public health and public safety systems within
					 Erie, Genesee, Niagara and Orleans Counties and contiguous areas;
WHEREAS, this event has resulted in personal hardships,
					 caused widespread power outages, hampered the movement of medical personnel,
					 stranded motorists and travelers, and continues to pose a threat to public
					 health and safety;
WHEREAS, by Executive Order Number 146, I declared a State
					 Disaster Emergency in the affected counties and directed State agencies to
					 respond as necessary to assist those affected counties in restoring public
					 transportation systems and to provide such other assistance as necessary to
					 protect the public health and safety;
WHEREAS, school district taxes for the 2006-2007 school
					 year are currently due in the Lockport City School District which encompasses
					 all or part of the City of Lockport, Town of Lockport, Town of Cambria and the
					 Town of Pendleton, each within the County of Niagara;
WHEREAS, by virtue of the application of section 1324  of
					 the Real Property Tax Law, such Lockport City School District taxes would
					 normally be payable without interest only through October 13, 2006;
WHEREAS, such taxes would normally be subject to interest
					 if paid after that date;
WHEREAS, section 925-a (2)  of the Real Property Tax Law
					 authorizes the Governor to issue an Executive Order during a State Disaster
					 Emergency, extending the period for paying real property taxes without interest
					 by up to seven days in a county, city, town, village or school district in the
					 affected area, if the Chief Executive Officer of the county, city, town,
					 village or school district requests such an extension;
WHEREAS, a request for an extension for the payment of
					 school district taxes levied upon real property located in the Lockport City
					 School District for the 2006-2007 school year has been received from the Chief
					 Executive Officer of the Lockport City School District; and
WHEREAS, given the hardships continuing to face the people
					 of the Lockport City School District in Niagara County as a result of the State
					 Disaster Emergency, such an extension is warranted,
NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State
					 of New York, by virtue of the authority vested in me by the Constitution and
					 the Laws of the State of New York, pursuant to section 925-a (2)  of the Real
					 Property Tax Law, do hereby retroactively extend by seven days, the period for
					 paying school district taxes for the 2006-2007 school year without interest
					 that are currently due in the Lockport City School District in Niagara County
					 as of October 13, 2006, so that such taxes shall be payable without interest
					 through October 20, 2006.
FURTHER, by virtue of the same section 925-a (2)  of the Real
					 Property Tax Law, any taxes not paid by such date shall be subject to the same
					 penalties and interest that would have applied if no such extension had been
					 granted.
Signed: George E. Pataki
Dated: October 16, 2006
Footnotes
* [Revoked by Executive Order
					 No. 5 (Eliot Spitzer),
infra.
] [Revoked by Executive Order No.
					 9 (David A. Paterson),
infra.
] [Revoked by Executive Order No.
					 2 (Andrew M. Cuomo),
infra.
]
[DAGGER] [Revoked by Executive
					 Order No. 9 (David A. Paterson),
infra.
] [Revoked by Executive
					 Order No. 2 (Andrew M. Cuomo),
infra.
]
* [Revoked by Executive Order
					 No. 9 (David A. Paterson),
infra.
] [Revoked by Executive Order
					 No. 2 (Andrew M. Cuomo),
infra.
]