[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.
Definitions. As used in this section, the following terms shall have
the meanings indicated:
- CITY or CITY OF NEWBURGH
- 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.
- EMPLOYED
- 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.
- PERSON
- An individual, partnership, corporation or association.
- PRIVATE or NON-CITY
- 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.
- USE
- 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.
