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NOTICE OF ADOPTION

OF RESOLUTION SUBJECT TO PERMISSIVE REFENDUM ON EXTENSION OF THE CONSOLIDATED WATER DISTRICT

NOTICE IS HEREBY GIVEN that the Town Board of the Town of Newburgh, Orange County, New York, at a meeting held on the June 24, 2024, duly adopted the resolution published herewith subject to a permissive referendum.

Dated: Newburgh, New York,

June 24, 2024.

/s/  Lisa M. Vance-Ayers

Town Clerk

 

RESOLUTION DATED JUNE 24, 2024.

A RESOLUTION APPROVING THE ESTABLISHMENT OF LEVINSON/OLD POST ROAD AREA EXTENSION TO THE CONSOLIDATED WATER DISTRICT AND THE IMPROVEMENTS IN CONNECTION THEREWITH.

WHEREAS, the Town Board of the Town of Newburgh, Orange County, New York, has duly caused to be prepared a map showing the boundaries of a proposed Water District Extension in said Town, to be known as Levinson/Old Post Road Area Extension to the Consolidated Water District (the “Extension” and the “District”), and a plan and report in connection therewith; and

 

WHEREAS, said map, plan and report were prepared by competent engineers, duly licensed by the State of New York, and have been filed in the office of the Town Clerk of said town, where the same is available during regular office hours for examination by any persons interested in the subject matter thereof; and

 

WHEREAS, the estimated cost of said District as so extended to the typical property therein, being a typical one- or two-family home, is $472.68 in the first year in which operation, maintenance, and other charges and expenses are to be paid by said properties as set forth in the map, plan and report as provided by Chapter 531 of the Laws of 1970; and

 

WHEREAS, the improvements proposed for said District consist of the purchase and installation of new eight-inch water mains, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses, including water mains, original equipment, machinery, apparatus, appurtenances, land or rights-in-land, and incidental improvements and expenses in connection therewith, as more fully set forth in the map, plan and report; and

 

WHEREAS, the maximum estimated cost of said improvements is $4,546,100; and

 

WHEREAS, of said maximum estimated cost, $4,546,100 of bonds and/or notes of said Town are expected to be issued to pay for the maximum estimated cost of the improvements in connection with the establishment of said Extension to be reduced by any grants-in-aid received therefore; and

 

WHEREAS, the costs of the provision of services in said District shall be through the imposition of a schedule of water rents to the extent that such water rents provide a source of revenue for such expenditures and shall otherwise be payable as provided in Article 12-A of the Town Law by the annual apportionment and assessment upon the several lots and parcels of land within said District on a benefit basis as provided by Chapter 531 of the Laws of 1970; and

 

WHEREAS, an Order was duly adopted by said Town Board on May 29, 2024, reciting a description of the boundaries of said proposed the Levinson/Old Post Road Area Extension to the Consolidated Water District, the improvements proposed, the maximum amount proposed to be expended for said improvements, the proposed method of financing to be employed, the fact that said map, plan and report were on file in the Town Clerk’s office for public inspection and specifying June 24, 2024, at 7:15 o’clock P.M., local time, at the Town Hall, in Newburgh, New York, in said Town, as the time when and the place where said Town Board would meet for the purpose of holding a public hearing to consider the establishment of said Levinson/Old Post Road Area Extension to the Consolidated Water District and said map, plan and report filed in relation thereto and to hear all persons interested in the subject thereof concerning the same; and

 

WHEREAS, notice of the aforesaid public hearing was duly published and posted in the manner and within the time prescribed by Section 209-d of the Town Law, and proof of publication and posting have been duly presented to said Town Board; and

 

WHEREAS, said public hearing was duly held at the time and place in said order as aforesaid, at which all persons desiring to be heard were duly heard; and

 

WHEREAS, said Town Board has duly considered said map, plan and report and the evidence given at said public hearing; and

 

WHEREAS, said Town Board has adopted a resolution heretofore at this meeting making the findings and determinations required pursuant to Section 209-e(1) of the Town Law; 

 

NOW, THEREFORE, BE IT

 

RESOLVED, by the Town Board of the Town of Newburgh, Orange County, New York, as follows:

 

Section 1. The establishment of Levinson/Old Post Road Area Extension to the Consolidated Water District in the Town of Newburgh, Orange County, New York, to be bounded and described as hereafter set forth, and the improvements proposed therefor consisting of the purchase and installation of new eight-inch water mains, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses, in connection therewith, as more fully set forth in the map, plan and report, at a maximum estimated cost of $4,546,100, is hereby approved.  To the extent grants-in-aid are not received therefor, the method of financing the cost of said improvements shall be by the issuance of $4,546,100 serial bonds of said Town maturing in annual installments over a period not exceeding forty years, which to the extent not paid by water rents, will be payable in the first instance from the annual levy upon the lots and parcels of land within said District as so extended, on a benefit basis as provided by Chapter 531 of the Laws of 1970, in an amount sufficient to pay the principal and interest on said bonds as the same become due, but if not paid from such source, all the taxable real property in said Town shall be subject to the levy of ad valorem taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as the same shall become due and payable.

 

Section 2. Said Extension shall be bounded and described as set forth in Exhibit A attached hereto and hereby made a part hereof.

 

Section 3. This resolution is adopted subject to permissive referendum in accordance with Section 209-e(3) of the Town Law and the Town Clerk shall publish and post within ten (10) days hereof notice of adoption hereof.  Establishment of said Extension is not subject to the approval of the State Comptroller pursuant to Section 209-f of the Town Law, being below the average estimated cost threshold of $1,083 for 2024 for water district and extension establishment.

 

Exhibit A

Boundaries of Proposed

Levinson/Old Post Road Area Extension to the Consolidated Water District of the

Town of Newburgh, Orange County, New York

 

Description of Proposed District Beginning at the southern corner of parcel 8-1-39.21 on Old Post Road, the Proposed District Boundary follows said parcel to its western corner. The Boundary then extends to the northern corner of adjacent parcel 8-1-39.22, then southeast to its eastern corner on Old Post Road before connecting back to the southern corner of parcel 8-1-39.21. The District then skips over parcel 8.1-1-31.12 (a Central Hudson utility ROW) and begins again at the southern corner of parcel 8-1-40.1, on Old Post Road. The Boundary extends NW along the parcel line, then proceeds in a NNE direction until turning west along the southern boundary of parcel 81-1-101. The Boundary follows this parcel to its western boundary then turns NNE until the NW corner of parcel 8-1-42.33, where the Boundary follows parcels lines of parcel 8-1-43.452 west, then NE to the northern corner of parcel 8- 1-43.451. From this corner, the Boundary follows the northern parcels lines of four parcels until meeting Old Post Road at the eastern corner of lot 8-1-43.2. The Boundary then crosses Old Post Road to the northern corner of parcel 8-1-61.1 and follows that parcel’s property line SE then SW to its southern corner. From here, the Boundary follows the parcel line of parcel 8-1-60.1 SE to its eastern corner, then turns SW at the parcel’s southern corner, then NW back to Old Post Road. The Boundary then skips over parcel 8-1-66.1 and resumes at the northern corner of parcel 8-1-66.22. The Boundary follows the parcel line to its eastern corner then proceeds to follow the eastern property lines of the four (4) parcels to its SW, making a turn to the west along parcel 8-1- 65’s southwestern boundary that ends at Old Post Rd. From this corner, the Boundary skips over Old Post Road in a SW direction until it meets with the southern corner of parcel 8-1-89. The Boundary then aligns with Old Post Rd until the southern corner of parcel 8- 1-40.1, where this segment of the Boundary began