[Amended 10-13-1952 by L.L. No. 7-1952]
The citizens of the State of New York, from time to time inhabitants of the territory in the County of Orange, included in the boundaries set forth in § C1.10 hereof, and known as the "City of Newburgh," are continued a municipal corporation in perpetuity under the name of the "City of Newburgh."
[Amended by L. 1922, c. 562; L. 1926, c. 336; 10-13-1952 by L.L. No.
7-1952; 11-28-1983 by L.L. No. 3-1983; 2-23-1987 by L.L. No.
2-1987]
The territory comprising said City shall be bounded as follows:
Beginning at a bolt set in a rock on the west shore of the Hudson
River and in the north line of North Street as the same is described
in the Commissioner's report of the streets and roads in the City
of Newburgh dated February 11, 1868, and run thence south 78°
25' 00" east 310 feet, plus or minus, to a point under the waters
of the Hudson River; thence, north 11° 09' 30" seconds east 327.57
feet, along the exterior line of a grant made by the People of the
State of New York to Daniel Rogers (D.L. 230, P. 431), to a point
under the waters of the Hudson River; thence, north 79° 55' 30"
west 103.71 feet to a point at the most southerly corner of a 30-foot
wide strip of land conveyed by Northman Realty Corporation to Cooperative
G.L.F. Holding Corporation (D.L. 1114, P. 525); thence, north 9°
16' 30" east 30.00 feet to a point in the line of lands formerly of
Salerno; thence, south 79° 55' 30" east 3.00 feet to a point in
the Hudson River; thence, north 9° 16' 30" east 249.27 feet, along
said Hudson River to a point in same; thence, north 71° 20' 00"
west 5.60 feet to the southeasterly corner of lands formerly of Costa;
thence along the exterior line of the above-mentioned grant the following
2 courses, namely, north 09° 06' 00" east 1.86 feet and north
03° 54' 00" west 224.08 feet to a point in the line of lands now
or formerly of Whitehall; thence, north 80° 06' 00" ' west 197.23
feet, along the line of said Whitehill to a point in the easterly
line of said railroad; thence, along the easterly line of said railroad
the following 3 courses, namely, south 16° 44' 00" west 421.10
feet, south 17° 03' 30" west 30.06 feet and south 15° 21'
30" west 368.12 feet to a point in the northerly line of North Street;
thence, north 78° 25' 00" west along the north line of North Street
about 100 feet to the westerly right-of-way line of the West Shore
Railroad Company; thence, running northerly along the westerly right-of-way
line of the West Shore Railroad Company about 155 feet to the southeast
corner of lands of Magdelene Coffin; thence, north 78° 56' west,
along the southerly line of lands of said Magdelene Coffin 472 feet
9 inches to the east line of Barclay Avenue; thence, north 12°
05' east along the east line of Barclay Avenue 150 feet 6 inches to
the southerly line of lands of Oswald J. Cathcart; thence, north 79°
49' west along the southerly line of lands of said Cathcart 333 feet
to the center of Grand Avenue; thence, south 12° 5' west, along
the center of Grand Avenue 292 feet 7 inches to the north line of
the City of Newburgh as established in 1868; thence, north 78°
25' west, along the north line of the City as a monument set at the
northeast corner of Liberty and North Streets for a distance of 1,595
feet 4 inches to a point where said north line of City intersects
the northerly line of the North Plank Road, said point being 39 feet
10 inches east of the easterly side of the brick house situated on
the northerly side of said North Plank Road, formerly owned by H.H.
Daughaday and more recently owned by Sarah Ryan; thence, leaving the
boundary line as established in 1868 and running along the northerly
line of the North Plank Road as follows: North 75° 3' west for
17 feet 5 inches; north 77° 1' west for 125 feet 7 inches; north
74° 44' west for 300 feet 8 inches; north 63° 35' west for
443 feet 4 inches; north 56° 11' west for 125 feet 8 inches; north
53° 15' west for 206 feet; thence, still along the northerly site
or line of the North Plank Road north 47° 53' west for 597 feet
6 inches to a point in range with the division line between lands
of Beakes estate and lands of Maharay; thence, along said division
line south 25° 19' west for 592 feet 2 inches to the north line
of the City as established in 1868; thence, along said north line
north 78° 25' west passing over a monument set in the road on
top of Limestone Hill and over a monument set in the center of Gidney
Avenue; also, over a monument set on the east bank of Gidneytown Creek
for a distance of 4,011 feet 2 inches to the middle of said creek;
thence, southwesterly along the middle of said creek to the intersection
of the center line of said creek with the west line of the Pierce
Road, being a point in said creek 24 feet on a course north 9°
12' east from a monument set in the west line of the City and center
line of said road; thence, running along the west line of the City
as established in 1868, south 9° 12' west passing over said monument,
231 feet 8 inches to the northerly line of the Newburgh and Ellenville
Plank Road; thence, leaving the boundary line as established in 1868
and running along the northerly line of the Newburgh and Ellenville
Plank Road as the needle points in 1922, north 63° 36' west 406
feet 2 inches; thence, north 61° 10' west 146 feet 1 inch; thence,
north 53° 58' west 89 feet 11 inches; thence, north 38° 3'
west still along the northerly line of the Newburgh and Ellenville
Plank Road 171 feet 7 inches to a point in range with a stone wall
which is the westerly boundary of lands formerly known as the Wisner
Farm; thence, south 27° 37' west crossing the Newburgh and Ellenville
Plank Road, and running along aforesaid stone wail 1,741 feet to the
easterly bank of Quassaick Creek; thence, southerly and southeasterly
along the easterly bank of Quassaick Creek and the northerly bank
of Harrison's pond about 2,950 feet to the west line of the City as
established in 1868, said point being distant 922 feet on a course
of south 9° 12' west measured along the west line of the City
as established in 1868, from a monument in the center of the Newburgh
and Cochecton Turnpike; thence, south 9° 12' west along the west
line of the City as established in 1868, 1262.48 feet to a point in
the southerly line of Little Britain Road; thence, along the southerly
line of Little Britain Road, south 50° 12' 00" west 93.90 feet
to a point and south 52° 22' 00" west 262.80 feet to a point;
thence, leaving little Britain Road and running the following 5 courses:
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1.
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South 8° 16' 20" east 487.09 feet to a point;
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2.
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South 70° 30' 00" west 229.61 feet to a point;
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3.
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South 20° 33' 20" east 73.52 feet to a point;
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4.
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North 58° 30' 00" east 109.84 feet to a point;
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5.
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North 27° 00' 00" west 581.32 feet to a point in the previously
established west line of the City of Newburgh;
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thence, south 9° 12' 00" west 598 feet, more or less, to
a monument set in the west slope of Snake Hill; thence, south 67°
east on a division line between the City of Newburgh and the Town
of New Windsor 1,374 feet to a bolt in the rocks on the east slope
of Snake Hill; thence, north 53° east 2,160 feet to a monument
set in the lands of the home of the City and Town of Newburgh; thence,
south 67° 15' east 999 feet to a monument set in lands belonging
to the Erie Railway Company; thence, south 52° 45' east 507 feet
to a cross in the middle of a large rock in J.B. Walsh's, now Little
Falls Paper Company, Mill Pond; thence, eastwardly along the center
of Quassaick Creek 6,100 feet to the Hudson River; thence, northerly
along said river about 2 miles to the place of beginning.
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Also, beginning at the northeast corner of the land above described
and running thence due east to the east line of Orange County, being
the center of the Hudson River; thence, southerly along the same to
a point due east from the southeast corner of the lands above described;
thence, due west to the southeast corner of said lands; thence, northerly
along the easterly line of the lands above described about 2 miles
to the place of beginning.
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[Amended by L. 1921, c. 102; 6-22-1925 by L.L. No. 3-1925; 6-29-1942 by L.L. No.
5-1942; 10-13-1952 by L.L. No. 7-1952; 11-8-2011]
The City shall be divided into four wards, bounded and described
as shown on the map of the City most recently filed by the districting
commission in the office of the City Clerk.
[Added 11-8-2011]
A.
Within 180 days of the adoption at the November 2011 general election
of a proposition for the establishment of a seven-member City Council
comprised of a Mayor and two Council members to be elected by the
qualified voters of the City and four Council members to be elected
by the qualified voters in each of four wards into which the City
is to be divided, there shall be established a commission on districting
to divide the City into four single-member wards. The wards shall
be drawn to be compact and contiguous and in compliance with the established
standards of state and federal law for equal and fair representation
of all people in the City of Newburgh.
B.
Every 10 years thereafter, not later than 180 days following the
availability of the necessary decennial federal census data, such
a districting commission shall again be established and shall meet
to evaluate the then-existing wards and redistrict them as necessary
so that they remain compact and contiguous and in compliance with
established standards of state and federal law for equal and fair
representation of all people in the City of Newburgh.
C.
The districting commission shall be comprised of seven members who
are City residents, are eligible to register and to vote and are not
elected government or political party officials. Each member of the
City Council shall appoint one member of the initial districting commission,
and the five members so appointed shall appoint the remaining two
members. All appointments shall be made in the manner set forth in
this section. For all districting commissions subsequently empanelled
every 10 years thereafter, each member of the seven-member City Council
shall appoint one member to the districting commission as provided
herein.
D.
The City's Citizens Advisory Committee shall be responsible for developing
a pool of individuals interested and qualified to serve on the districting
commission. To establish that pool, the Citizens Advisory Committee,
at least 90 days prior to the anticipated first meeting of the districting
commission, shall widely solicit interest in serving on the districting
commission through such means as direct mail and e-mail contact with
civic groups, public service announcements on radio and television
and in daily and weekly newspapers and announcements on the City's
website. Persons wishing to serve on the districting commission shall
indicate their interest in writing in the manner provided for by the
Citizens Advisory Committee, setting forth the reasons for their interest
and identifying parts of their background and experience that they
believe might qualify them for this task.
E.
The Citizens Advisory Committee shall review the applications submitted,
verify that they meet the eligibility criteria of this section and
provide a listing of qualified applicants to the City Council no later
than 45 days prior to the anticipated first meeting of the districting
commission. Within 21 days after the submission of the pool of applicants,
each Council member shall make his or her appointment to the districting
commission. For the initial districting commission, the five members
so appointed shall then make the final two appointments from the Citizens
Advisory Committee's pool within 21 days thereafter. In the event
of a vacancy created by death, resignation or otherwise, the vacancy
shall be filled in the same manner as used to select the member whose
absence created the vacancy.
F.
Prior to finally determining the boundaries of the wards, the districting
commission shall hold a public hearing and accept public comment on
its proposed districting plan. No later than April 1, 2013, and, in
subsequent decades, no later than April 1 of the first year of the
decade ending in "3," the districting commission shall finally determine
the boundaries of the wards and shall cause a map of the City to be
prepared showing in detail the location of each ward and the boundaries
thereof. The original map so made shall be filed in the office of
the City Clerk, and copies thereof shall be filed in the offices of
the County Clerk and the Board of Elections of the county. The ward
boundaries shall be deemed established after such filing is complete.
G.
At the first biennial City election held not less than 120 days after
the establishment of such ward system, one resident elector of each
of the four wards shall be elected as a Council member therefrom for
a term of four years beginning on the first day of January next succeeding
such election. No election shall be held at the November 2013 general
election to fill the two at-large Council member positions whose terms
expire on December 31, 2013. The Mayor and the two Council members
elected at-large at the November 2011 general election shall continue
to serve in those positions until the expiration of their terms on
December 31, 2015 At the November 2015 general election, these three
at-large offices will be filled for four-year terms commencing on
the first day of January next succeeding that election.
H.
The Corporation Counsel of the City shall be the legal advisor to
the districting commission. The City shall provide for such other
appropriate staff and support for the Commission as may be necessary
for the districting commission to properly discharge its duties.
I.
Any districting commission created in accordance with the provisions
of this section shall go out of existence not later than 60 days after
it has adopted and filed, as required herein, the final map of the
wards of the City. In the event that the ward boundaries so established
are declared to be invalid by a final judgment of the highest court
of competent jurisdiction ruling on their validity, the districting
commission shall be reactivated to study and prepare new ward boundaries,
subject to the procedures and requirements above.
[Amended 10-13-1952 by L.L. No. 7-1952]
For the purposes of ensuring a connection between the shore
of said City and the navigable waters of the Hudson River and enabling
the authorities of the City to extend the streets thereof terminating
at the river into the waters aforesaid, all the estate, title and
interest of the People of the State of New York in and to all the
lands under the waters of such river in front of said streets, from
the line of high water mark as it formerly existed and extending therefrom
easterly 500 feet from such high water mark and of the same width
as the said streets respectively, as the same may be measured from
north to south, is granted to and declared to be vested in the City
of Newburgh for the uses and purposes of public streets and highways
forever.[1]
[Added 3-16-2006 by L.L. No. 1-2006]
A.
CITY or CITY OF NEWBURGH
EMPLOYED
PERSON
PRIVATE or NON-CITY
USE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The government of the City of Newburgh, including its departments,
agencies, commissions, offices, authorities, districts, boards, City
Council, elected and appointed officials and their staffs.
Any person who receives or has contracted to receive any
remuneration from the City of Newburgh in exchange for any service
or product provided to the City, whether as an employee, agent or
contractor, and such person's agents and employees.
An individual, partnership, corporation or association.
Having no formal or official association or connection with
the government of the City of Newburgh, or having no authority or
duty derived from statute, regulation, election, appointment, hire,
authorization or agreement by the government of the City of Newburgh
to represent, act on behalf of, or otherwise exercise the power and
authority or perform the duties of the City government.
The written or verbal publication, representation, broadcast,
advertisement, declaration, reproduction, or other form of communication
which conveys or may reasonably be construed to convey to any person
the actual or implied participation, involvement, regulation, approval,
sponsorship or support of the City of Newburgh with a private or non-City
purpose, function, organization, entity, group, activity or event.
B.
Prohibited acts. Unless prior authorization is obtained pursuant to Subsection C or except as provided in Subsection D of this section, it shall be unlawful:
(1)
For any person employed by the City of Newburgh to use or allow the
use of his or her position or title with the City for any private
or non-City purpose or in connection with any private or non-City
function, organization, entity, group, activity or event;
(2)
For any person, whether or not employed by the City, to use or allow
the use of any official City position or title for any private or
non-City purpose or in connection with any private or non-City function,
organization, entity, group, activity or event;
(3)
For any person, whether or not employed by the City of Newburgh to
use the name, seal, flag, title, letterhead, symbols, property, facilities
or resources of the government of the City of Newburgh for any private
or non-City purpose or in connection with any private or non-City
function, organization, entity, group activity or event.
C.
Authorization. Any proposed use requiring prior authorization as described in Subsection B hereof shall be submitted in writing to the City Manager, who shall have the authority to grant or deny such authorization. Any request for prior authorization will only be permitted if and only to the extent it is approved in advance, in writing, by the City Manager.
D.
Exclusion. Nothing in this section shall prohibit a former employee
of the City from referring to such former employment with the City,
including the title or position held with the City, for any purpose
which is not a "use" as defined herein, including, but not limited
to, for the purpose of securing or advancing employment outside of
City government.
E.
Violations.
(1)
A violation of this section by a City employee shall also be a violation of Chapter 34, as amended, known as the City of Newburgh Code of Ethics, and a person in violation of this section shall be subject to penalties as provided by any and all applicable state and local law, rule or regulation including but not limited to such Code of Ethics.
(2)
In any legal action brought by the City against a person who has
violated this section, and arising out of a violation of this section,
the City shall be entitled to recover of such person all litigation
costs and expenses, including attorney's fees.
(3)
Any person who is in violation of this section shall be deemed to
have acted outside the scope of the employment of such person, and
the City shall have no obligation to represent, defend or indemnify
such person in any action brought by any person or entity seeking
damages arising out of or resulting from such violation, notwithstanding
the provision of defense or indemnification pursuant to other law
or policy.
