Utica Common Council adopts local law to override tax cap and passes resolution limiting 2026 levy to 3.4%

The Utica Common Council voted to adopt Introductory Local Law No. 1 of 2025 authorizing the city to adopt a real property tax levy in excess of the tax levy limit set by New YorkStateGeneral Municipal Law section 3-c and passed a companion resolution capping any 2026 increase at 3.4%.

The measure to reconsider the tax cap was put on the floor after a motion to reconsider carried, recorded in the meeting as "9 yeas to reconsider." The council then introduced the local law authorizing a levy in excess of the statutory limit and approved it by voice vote; the clerk recorded the final result as "9 a's adopted." The local law states it is adopted pursuant to subdivision 5 of General Municipal Law §3-c and would be operative for the fiscal year commencing April 1, 2025. The council immediately followed with Resolution No. 2, which states the council"unanimously hold[s] that in no case shall the total fiscal year 2026 real property tax levy be increased by an amount greater than 3.4% of the total property tax levy in fiscal year 2025." The clerk recorded the resolution as adopted (transcript: "9 nie's adopted").

Why it matters: adopting a local law to override the statutory tax cap is a legal step municipalities may use when a majority of the governing body votes to exceed the cap; General Municipal Law §3-c requires a local-law vote of at least 60% of the governing body to override the default limit. The council's companion resolution sets a politically and administratively binding cap for the council's own budget process: council text and votes indicate the body intends to hold any increase to 3.4% despite a budget estimate that the administration presented showing a potential 9.77% increase.

During the discussion, members repeatedly framed the votes as intended to reduce the potential levy and to provide clarity for the budget process. The local law includes a severability clause and lists April 1, 2025 as the effective start of the fiscal year to which it applies. The resolution incorporates the introductory local law by reference.

Next steps: council members said the local law and resolution would govern the remainder of the budget discussions and amendments leading to a final budget vote at the council's upcoming special meetings.