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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, -2- 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 -3- 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 -4- 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: -5- "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 -6- 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