2006-220.:
D
2006-220
COPY
A Resolution Making Certain Determinations In Relation to the Consolidation of Certain
Water Districts and Improvement Areas and Approving the Establishment of Wappinger
Consolidated Water District of the Town of Wappinger, Dutchess County, New York,
Pursuant to Chapter 718 of the Laws of 2006.
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 281h, 2006.
The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Joseph Ruggiero
Robert L. Valdati
Joseph P. Paoloni
Maureen McCarthy
Vincent F. Bettina
The following Resolution was introduced by Councilman Valdati and seconded by
Councilman Paoloni.
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 water
districts 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 Watch Hill 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, pursuant to Chapter 718 of the Laws of 2006 (the "Special Act"), the
Legislature of the State of New York has authorized the Town to consolidate as Wappinger
Consolidated Water District, the Prior Water Districts/Improvement Areas and it is now desired
to consider the question of the consolidation of said Prior Water Districts/Improvement Areas;
and
WHEREAS, it is further desired, pursuant to Section 206-a of the Town Law and the
Special Act that all expenses of said Wappinger Consolidated Water District, including all
extensions heretofore or hereafter established, shall be a charge against the entire area of said
Wappinger Consolidated Water District, as hereinafter described; and
WHEREAS, an Order was duly adopted by said Town Board on September 11th, 2006,
specifying the 28th day of September, 2006 at 7:30 P.M., Prevailing Time, at the Town Hall, in
Wappingers Falls, 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 question of the
consolidation of the Prior Water District/Improvement Areas and the establishment of said
Wappinger Consolidated Water District 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 the Special Act, and proof of publication and posting
has been duly presented to said Town Board;
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;
WHEREAS, said Town Board has considered the evidence given at said public hearing;
and it is now desired to provide for such consolidation and to provide for certain other matters
relating thereto;
NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of
Wappinger, Dutchess County, New York, as follows:
Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and
determined as follows:
a) It is in the public interest to consolidate the Prior Water Districts/Improvement
Areas and such consolidation as the Wappinger Consolidated Water District is
hereby authorized and approved.
b) The effective date of the establishment of such Wappinger Consolidated Water
District shall be as of midnight on the thirty-first day of December next
succeeding being December 31, 2006.
c) Upon such consolidation becoming effective, all of the property of each of the
Prior Water Districts/Improvement Areas existing prior to the effective date of the
consolidation described herein shall become the property of the Wappinger
Consolidated Water District and all unexpended funds of each of the Prior Water
Districts/Improvement Areas existing prior to the effective date of the
consolidation described herein shall become the property of the Wappinger
Consolidated Water District.
d) Upon such consolidation becoming effective, any indebtedness of each of the
Prior Water Districts/Improvement Areas incurred prior to the effective date of
consolidation described herein which shall be outstanding as of the effective date
of such consolidation shall be assumed and paid by said Wappinger Consolidated
Water District.
e) To the extent not paid from water rates, 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 Wappinger 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.
f) Future assessments for costs of improvements authorized as of the effective date
of the establishment of such Wappinger Consolidated Water District, as the same
may be amended, and improvements to be authorized after the effective date of
such establishment, including the payment of the principal of and interest on
bonds and bond anticipation notes issued or to be issued for such improvements,
and all costs of the management, operating, maintenance and repair of such
improvements and contractual or other obligations authorized, to be authorized,
incurred or to be incurred for such improvements shall, to the extend that moneys
therefore are not raised by water rates, be borne by local assessment upon the lots
and parcels of land within such Wappinger Consolidated Water District against
which the expenses of the improvements is charged, which assessment shall be
apportioned and assessed upon such lots or parcels of land in just proportion to
the amount of benefit which the improvements shall confer upon such lots or
parcels.
g) Any water improvement authorized for any of the Prior Water
Districts/Improvement Areas, as the same may be amended, as of the date on
which the establishment of such Wappinger Consolidated Water District is
effective may be constructed by such Wappinger Consolidated Water District.
h) The future assessments of all costs of improvements, as well as costs of operation
and maintenance of such Consolidated Water District shall be charged against the
entire area of the Consolidated Water District, including all extensions hereafter
established.
Section 2. The Wappinger Consolidated Water District of the Town of Wappinger,
Dutchess County, New York, is to be bounded and described as follows: Said Wappinger
Consolidated Water District shall consist of the area encompassed by the aggregate boundaries
of (1) 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 specifically
do not include Tall Trees Water Improvement Area and the water districts known as Watch Hill
Water District and Fleetwood Water District).
Section 3. The Town Clerk shall, within ten (10) days after the effective date of this
resolution, file certified copies of this resolution in duplicate in the Office of the State
Department of Audit and Control at Albany, New York and record same in the office of the
Clerk of the County of Dutchess, New York.
Section 4. This resolution is adopted subject to permissive referendum, and the Town
Clerk shall give notice of adoption of the resolution by providing a copy of this resolution with
an appropriate notice of adoption in the official newspapers of the Town, and, in addition, such
Town Clerk shall post or cause to be posted on the bulletin board of his office a copy of such
resolution and notice of adoption and such publication and posting shall be within ten days of the
date hereof.
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: ABSENT
JOSEPH P. PAOLONI, COUNCILMAN
Voting: AYE
MAUREEN McCARTHY, COUNCILWOMAN Voting: AYE
Dated: Wappingers Falls, New York
9/28/2006
D
The Resolution is hereby duly declared adopted.
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e�'N C. TERSON, TOWN CLERK