1975-09-22(Fishkill)MINUTES OF SPECIAL JOINT MEETING OF THE TOWN BOARDS OF THE TOWNS
OF WAPPINGER AND FISHKILL, BOTH OF THE COUNTY OF DUTCHESS, STATE
OF NEW YORK, HELD PURSUANT TO ARTICLE 11, SECTION 172-a OF THE
TOWN LAW OF THE STATE OF NEW YORK.
WHEREAS, there was duly presented to the Town
Boards of the Towns of Wappinger and Fishkill, Dutchess County,
New York, each and both of them, a written petition, dated and
acknowledged on the 9th day of July, 1975 by the Board of Fire
Commissioners of the Hughsonville Fire District, situate in
the Town of Wappinger, Dutchess County, New York and by the
Board of Fire Commissioners of the Chelsea Fire District, situate
in the Towns of Wappinger and Fishkill, Dutchess County, New York,
requesting the Town Boards of the Towns of Wappinger and Fishkill,
each and both of them, to take such steps as may be necessary,
pursuant to law, and in particular Article 11, Section 172-a of
the Town Law, to permit, allow and effectuate the alteration of
the boundaries of the respective fire districts in the manner
set forth in said written petition and that the said Town Boards,
acting jointly, make and effect the same, and alter the boundaries
of said petitioning Fire Districts in accordance with the petition
filed with said Town Boards, but not in such a manner as to in-
clude territory not previously situate within such Fire Districts,
nor to exclude territory previously situate therein, which said
written petition was signed by a majority of the members of the
Board of Fire Commissioners of each Fire District, and acknow-
ledged in the same manner as a deed to be recorded; and
WHEREAS, said petition, filed as aforesaid
with each of said Townships, requested each and both of said
Town Boards to alter the boundaries of the respective Fire
Districts in manner following, to wit:
"That portion of the existing common
boundary line of the said two fire districts
which extends from the easterly line of Route
9D on the east to the easterly bank of the
Hudson River on the west shall be relocated
along the following described line, which said
line shall henceforth be the said common bound-
ary line, and all lands north of said follow-
ing described line shall henceforth be included
in Hughsonville Fire District and all lands
south of said following described line shall
henceforth be included in Chelsea Fire District.
The proposed new common boundary line is
described as follows:
BEGINNING at a point on the east side of
Route 9D where an existing fire district sign
marks the point where the existing fire district
boundary line crosses said Route 9D, and running
thence along the said easterly side of Route 9D
S 38° 08' 20" W 454.06 feet to a point that is
distant S 74° 11' 42" W 62.40 feet from Central
Hudson Gas and Electric Corporation Pole #59502;
thence generally westerly generally along the
line of said utility's poles and through its
right of way S 74° 11' 42" W 1000.44 feet, S
83° 56'.42" W 1032.68 feet, N 48° 13' 18" W
1948.95 feet, and N 30° 11' 18" W 1222.60 feet
more or less to the easterly bank of the Hudson
River."; and
WHEREAS, a notice in due form, containing a
description of the proposed new boundary line, as aforesaid,
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together with other material, specifying the time when and the
place where the Town Boards of the Towns of Wappinger and
Fishkill, acting jointly, would meet to consider the aforesaid
written petition, and hear all persons interested in the sub-
ject matter concerning the same, was duly published and posted
as required by law; and
WHEREAS, pursuant to such notice, a public
hearing was duly held by said Town Boards, acting jointly, at
which a majority of the members of each of such Town Boards was
present and voting, on the 22nd day of September, 1975, at
7:30 o'clock in the afternoon thereof, Eastern Daylight Savings
Time, at the Town Hall of the Town of Wappinger, Mill Street,
Village of Wappingers Falls, Dutchess County, New York, and
WHEREAS, all persons interested who desired
to be heard, were heard, and due deliberation having been had,
NOW, upon th evidence given at such public
hearing and on motion of _1(.2 (Supervisor)
(Coulic il„iau) , seconded by //� ,1� (Supervisor)
(Councilman), it is
RESOLVED AND DETERMINED, pursuant to Article 11,
Section 172-a of the Town Law of the State of New York, the
petition, aforesaid, was duly filed with the Town Clerks of the
Towns of Wappinger and Fishkill, Dutchess County, New York, and
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the same was a written petition of the Board of Fire Commissioners
of the Hughsonville Fire District and the Chelsea Fire District,
they being the districts affected by this resolution, and signed
by a majority of the members of the Board of Fire Commissioners
of each such Fire District, and acknowledged in the same manner
as a deed to be recorded, and notice of a public hearing upon
such written petition was duly published and posted, as required by
law, and thereafter, and on the 22nd day of September, 1975, at
7:30 o'clock Eastern Daylight Savings Time, a public hearing was
had thereon, and all persons in favor and opposed to the prayer
for relief requested in said petition having been heard, and it
appearing that the alteration of boundaries of the Hughsonville
Fire District and the Chelsea Fire District shall not be done in
such a manner as to include territory not previously situate
within such District, nor to exclude territory previously situate
therein, and that said notice of public hearing also, among other
things, specified that each district affected and stated in
general terms the manner in which it is proposed to alter the
boundaries thereof, and the same having been duly filed, together
with an affidavit of publication thereof, showing publication
of the same as required by law, and it appearing that no part
of the territory, or land, affected by the alteration of boundaries
is situate in the territorial confines of any Incorporated Village
or City, and further, that in the event the boundaries of either
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of the said Fire Districts, or both of them, have an indebtedness,
either bonded or temporary, such districts shall continue, in
law, as existed immediately prior to any alteration or change of
boundaries for the purpose of paying such indebtedness, and shall
be annually assessed and levied upon and collected from the tax-
able and real property within such district, as existed immediately
prior to such alteration of boundaries, and in the same manner,
at the same time, and by the same officers as town taxes are
assessed, levied and collected, a sum sufficient to pay any in-
debtedness and interest thereon as the same shall become due,
and further, all and only the real property within the boundaries
of the district as each of the same may exist after the alteration
thereof, shall be liable for the payment of indebtedness, if any,
incurred for the purposes of such district after such alteration,
and that it is in the public interest to grant in whole the
relief sought in the written petition filed as aforesaid; and
it is further
RESOLVED, that the joint Town Boards of the
Towns of Wappinger and Fishkill in all respects approve the
establishment of the alteration of boundaries between the
Hughsonville Fire District and the Chelsea Fire District, both
of the County of Dutchess and State of New York, which same
shall hence forth have a boundary, or part thereof, as is herein-
after described, to wit:
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"That portion of the existing common
boundary line of the said two fire districts
which extends from the easterly line of Route
9D on the east to the easterly bank of the
Hudson River on the west shall be relocated
along the following described line, which said
line shall henceforth be the said common boundary
line, and all lands north of said following
described line shall henceforth be included in
Hughsonville Fire District and all lands south
of said following described line shall henceforth
be included in Chelsea Fire District. The
proposed new common boundary line is described
as follows:
BEGINNING at a point on the east side of
Route 9D where an existing fire district sign
marks the point where the existing fire district
boundary line crosses said Route 9D and running
thence along the said easterly side of Route 9D
S 38° 08' 20" W 454.06 feet to a point that is
distant S 74° 11' 42" W 62.40 feet from Central
Hudson Gas and Electric Corporation Pole #59502;
thence generally westerly generally along the
line of said utility's poles and through its
right of way S 74° 11' 42" W 1000.44 feet, S
83° 56' 42" W 1032.68 feet, N 48° 13' 18" W
1948.95 feet, and N 30° 11' 18" W 1222.60 feet
more or less to the easterly bank of the Hudson River.";
and it is further
RESOLVED, the Town Clerks of the Towns of Wappinger
and Fishkill, or eith of them, shall cause a certified copy of
this resolution, adopted at a joint meeting of the Town Boards
of the Towns of Wappinger and Fishkill, to be duly recorded in
the Office of the Clerk of the County of Dutchess, and shall
also within ten (10) days from the adoption hereof, cause a
certified copy of this resolution to be filed in the State
Department of Audit and Control at Albany, New York; and it is
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further
RESOLVED, the prayer contained in the petition
is hereby in all respects granted and the boundary between the
Hughsonville Fire District and the Chelsea Fire District, is
amended, altered and changed in accordance with said written
petition, effective immediately.
STATE OF NEW YORK )
COUNTY OF DUTCHESS )
ss:
We, the undersigned, Clerks of the Towns of
Wappinger and Fishkill, Dutchess County, New York, DO HEREBY
CERTIFY: We have compared the attached minutes of a special
joint meeting of the Town Boards of the Towns of Wappinger and
Fishkill, with the original thereof, filed in each of our
offices, on the 22nd day of September, 1975, and the same is a
true, correct, complete and accurate copy of said original.
IN WITNESS WHEREOF, we
respective hands and affixed the seals
22nd day of September, 197
ailits2Ak
Elaine Snowden, Town Clerk, Town
of Wappinger
have hereunto set
our
of said Townships this
Hazel
Fishki 1
, Town Clerk, Town of