§ 6-630 — Provisions governing the improvement of highways in villages

New York § 6-630

• Jurisdiction: New York
• Law VIL: Village
• Art. 6: Streets, Sidewalks and Public Grounds

Text

§ 6-630 Provisions governing the improvement of highways in villages.\nl. The term "highway improvement," as used in this section, shall mean\nthe filling, excavating, grading, paving, draining and the laying of\ncurbs, gutters, sidewalks upon or otherwise improving a state highway,\nor a highway constructed under a special act of the legislature having\nthe status of a state highway, in any village, or any one or more or all\nof such improvements.\n 2. The board of trustees of any village may cause any highway\nimprovement to be made on its own motion pursuant to the following\nprocedure: Upon the approval of plans and specifications for such\nhighway improvement by the board of trustees, such board of trustees, by\nmajority vote, may pass a resolution of intention to make such\nimprovements and provide for the method of apportioning the cost thereof\nand a public hearing therefor called by the board of trustees shall be\nheld thereupon. The notice of hearing shall state the time and place of\nthe hearing and, in general terms, the purpose thereof and the proposed\nmethod of apportioning the costs of the contemplated improvement, and\nsuch notice shall be published at least twice in the official newspaper\nof the village, or, if there be no official newspaper, then in a\nnewspaper of general circulation in the village, the first publication\nto be made not less than ten days before the date of hearing. After the\nhearing the board of trustees may determine to proceed with such highway\nimprovement or may abandon the same.\n 3. If the board of trustees determines to proceed with such highway\nimprovement, such highway improvement may be made and contracts therefor\nmay be let as in the case of other village street improvements, but no\ncontract shall be entered into unless and until such proposed\nimprovement has been consented to and the plans and specifications\ntherefor have been approved by the board, officer, governing body or\ngoverning bodies having control, supervision or jurisdiction over such\nhighway.\n 4. The board of trustees, in its discretion, may provide that the cost\nof any one or more or all of such highway improvements shall be borne\npartly by the village at large and partly by the lands benefited\nthereby; or such board may provide that the cost of any one or more or\nall of such highway improvements shall be borne by the village at large;\nor such board may provide that the cost of any one or more or all of\nsuch highway improvement may be assessed entirely upon the lands\nbenefited thereby.\n 5. At any time after letting the contract or contracts, if all or any\npart of the cost of the proposed improvements is to be borne by special\nassessment, assessments may be made, levied and confirmed.\n 6. A resolution, passed pursuant to the provisions of this section,\nincluding any resolution for making the improvement or apportioning the\ncost thereof shall not be subject to permissive referendum under the\nprovisions of the village law unless the entire cost of any one or more\nor all of such improvements is to be borne by the village at large and\nis to be paid from taxes levied for the fiscal year in which such\nexpenditure is to be made, in which case the resolution, authorizing the\nimprovement, shall be subject to permissive referendum as provided in\nthe village law.\n