[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:
[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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
[Added 3-16-2006 by L.L. No. 1-2006]
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.
- 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.
- 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.
- 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.
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:
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;
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;
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.
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.
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.
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.
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.
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.