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2006-2052006-205 COPY A RESOLUTION CALLING A PUBLIC HEARING TO CONSIDER THE QUESTION OF THE CONSOLIDATION, PURSUANT TO CHAPTER 718 OF THE LAWS OF 2006 AND SECTION 206-A OF THE TOWN LAW OF CERTAIN WATER DISTRICTS AND WATER IMPROVEMENT AREAS IN THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK. At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on September 11 th, 2006. The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor - Joseph Ruggiero Councilmembers - Robert L. Valdati Vincent F. Bettina Joseph P. Paolom ABSENT: Maureen McCarthy The following Resolution was introduced by Councilman Valdati and seconded by Councilman Bettina. WHEREAS, the Town of Wappinger, Dutchess County, New York, has heretofore established the following water districts and water improvement areas, amongst others: (1) The Central Wappinger Water Improvement Area, (2) the Wappinger-Cranberry Water Improvement Area, (3) the Wappinger Park Water District, (4) the Ardmore Hill Water Improvement Area, (5) the Central Wappinger Emergency Improvement Area, (6) the Wappinger Water Improvement Area 1999-2, (7) the North Wappinger Water District, (8) the Myers Corners II Water District, and (9) the Oakwood Knolls Water District (which Prior Water Districts/Improvement Areas and water improvement areas, including extensions, if any, thereto, are referred to herein collectively as the "Prior Water Districts/Improvement Areas" which specifically do not include Tall Trees Water Improvement Area and the water districts known as Watchill Water District and Fleetwood Water District); and WHEREAS, costs of debt service, operation and maintenance of each of the water districts included in the aforesaid Prior Water Districts/Improvement Areas has been a charge against all the taxable real property within each respective water district included in the Prior Water Districts/Improvement Areas or in the case of the water improvement areas included therein, pursuant to the provisions of section two hundred nine -q of the town law, the town board has been responsible for the management, maintenance, operation and repair of each water improvement area, and, to the extent that moneys therefor have not been raised by water rates, the cost of such management, maintenance, operation and repair has been a charge upon the area of the town outside of any villages and has been levied and collected in the same manner and at the same time as other town charges while the cost of debt service for improvements has a charge against all the taxable real property therein, benefitted thereby or by the area of the Town outside of any Village or a combination thereof as provided by law and the proceedings establishing each such water improvement area; and WHEREAS, the Legislature of the State of New York has authorized the Town to consolidate said Prior Water Districts/Improvement Areas and it is now desired to consider the question of the consolidation of said Prior Water Districts/Improvement Areas; NOW, THEREFORE, BE IT KNOWN: Section 1. A meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, shall be held at Town Hall, in Wappingers Falls, New York, in said Town, on the 28th day of September, 2006, at 7:30 P.M., Prevailing Time, for the purpose of considering the consolidation of the Prior Water Districts/Improvement Areas in said Town as so identified in the preambles hereof. Section 2. Upon such consolidation becoming effective, the Prior Water Districts/Improvement Areas so consolidated shall be known as the Consolidated Water District (the "Consolidated Water District'). All the property of the Prior Water Districts/Improvement Areas including moneys raised prior thereto and unexpended proceeds received or to be received from the issuance of bond anticipation notes and/or bonds authorized by bond resolutions adopted on dates prior hereto, shall become the property of the Consolidated Water District and the Consolidated Water District shall assume and pay the indebtedness of the Prior Water Districts/Improvement Areas incurred prior to the effective date of the consolidation described herein and thereafter. Section 3. To the extent not paid from user charges, there shall annually be apportioned and assessed, in an amount equal to the benefit which improvements shall confer upon same, upon all the taxable real property in such Consolidated Water District, an amount sufficient to pay the principal and interest of the outstanding indebtedness of each of said Prior Water Districts/Improvement Areas as extended, incurred prior to the effective date of the consolidation herein described, as the same shall become due and payable, but if not paid from each such source, all the taxable real property within 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 outstanding indebtedness. Section 4. The future assessments of all costs of improvements, as well as costs of operation and maintenance of such Consolidated Water District shall be a charge against the entire area of the Consolidated Water District, including all extensions hereafter established. Section 5. The Town Clerk shall give notice of said public hearing referred to in Section 1 hereof by the publication of Exhibit A, attached hereto and hereby made a part hereof in the official newspaper or newspapers of the Town designed pursuant to subdivision 11 of Section 64 of the Town Law, the publication thereof to be made at least ten (10) days prior to the time fixed for such public hearing. The Town Clerk shall further give notice of said public hearing by the posting of this resolution on the official signboard of the Town and mailing notice to all property owners in said Prior Water Districts each at least ten (10) days prior to the time fixed therefor. Further details on the consolidation are available in the Office of the Town Clerk where they are available for inspection during normal business hours. Section 6. This resolution shall take effect immediately. 7 The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, SUPERVISOR Voting: AYE ROBERT L. VALDATI, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: AYE JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE MAUREEN McCARTHY, COUNCILWOMAN Voting: ABSENT Dated: Wappingers Falls, New York 9/11/2006 The Resolution is hereby duly declared adopted.