N.Y. Village Law § 6-630: Provisions governing the improvement of highways in villages

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

l. The term "highway improvement," as used in this section, shall mean

the filling, excavating, grading, paving, draining and the laying of

curbs, gutters, sidewalks upon or otherwise improving a state highway,

or a highway constructed under a special act of the legislature having

the status of a state highway, in any village, or any one or more or all

of such improvements.

2. The board of trustees of any village may cause any highway

improvement to be made on its own motion pursuant to the following

procedure: Upon the approval of plans and specifications for such

highway improvement by the board of trustees, such board of trustees, by

majority vote, may pass a resolution of intention to make such

improvements and provide for the method of apportioning the cost thereof

and a public hearing therefor called by the board of trustees shall be

held thereupon. The notice of hearing shall state the time and place of

the hearing and, in general terms, the purpose thereof and the proposed

method of apportioning the costs of the contemplated improvement, and

such notice shall be published at least twice in the official newspaper

of the village, or, if there be no official newspaper, then in a

newspaper of general circulation in the village, the first publication

to be made not less than ten days before the date of hearing. After the

hearing the board of trustees may determine to proceed with such highway

improvement or may abandon the same.

3. If the board of trustees determines to proceed with such highway

improvement, such highway improvement may be made and contracts therefor

may be let as in the case of other village street improvements, but no

contract shall be entered into unless and until such proposed

improvement has been consented to and the plans and specifications

therefor have been approved by the board, officer, governing body or

governing bodies having control, supervision or jurisdiction over such

highway.

4. The board of trustees, in its discretion, may provide that the cost

of any one or more or all of such highway improvements shall be borne

partly by the village at large and partly by the lands benefited

thereby; or such board may provide that the cost of any one or more or

all of such highway improvements shall be borne by the village at large;

or such board may provide that the cost of any one or more or all of

such highway improvement may be assessed entirely upon the lands

benefited thereby.

5. At any time after letting the contract or contracts, if all or any

part of the cost of the proposed improvements is to be borne by special

assessment, assessments may be made, levied and confirmed.

6. A resolution, passed pursuant to the provisions of this section,

including any resolution for making the improvement or apportioning the

cost thereof shall not be subject to permissive referendum under the

provisions of the village law unless the entire cost of any one or more

or all of such improvements is to be borne by the village at large and

is to be paid from taxes levied for the fiscal year in which such

expenditure is to be made, in which case the resolution, authorizing the

improvement, shall be subject to permissive referendum as provided in

the village law.