Legislation
SECTION 14-1432
Levy of taxes and assessments to pay bonds issued for a sewerage system
Village (VIL) CHAPTER 64, ARTICLE 14
§ 14-1432 Levy of taxes and assessments to pay bonds issued for a
sewerage system. The board of trustees of any village which shall have
heretofore issued or may hereafter issue bonds for the purpose of paying
the cost of constructing in said village a sewerage system, whether
including or not including trunk lines, outfall sewers, disposal plants
or lateral sewers, or private on-site wastewater disposal systems may,
notwithstanding that any part of the expense of constructing such
sewerage system or private on-site wastewater disposal system has
theretofore been assessed upon lands benefited, determine and order that
any portion of such cost, not exceeding in amount the aggregate amount
of such bonds then outstanding, shall be assessed upon the lands
benefited by the construction of such sewerage system or private on-site
wastewater disposal system in the manner provided in this section. Any
such resolution shall determine the aggregate amount of such bonds which
shall then be outstanding and unpaid and shall fix the portion of each
installment of maturities of said bonds which is thereafter to be
assessed upon lands benefited, in the manner provided in this section.
Any such resolution shall be subject to a permissive referendum. Prior
to the first day of May in each year the board of trustees shall compute
the aggregate amount of the portion of the principal of said bonds, to
become due during the ensuing fiscal year which is required by said
resolution to be assessed upon the lands benefited, and also the
interest on such portion of said bonds to become due during such fiscal
year, and shall assess such amount on the lands within said village, in
proportion as nearly as may be to the benefit which each lot or parcel
will derive from the construction of said sewerage system. After making
such apportionment, the board of trustees shall serve on the owner of
each such lot or parcel of land a notice of the completion of such
apportionment and that at a specified time and place a hearing will be
held to consider and review the same.
The board of trustees shall meet at the time and place specified in
such notice and hear objections to such apportionment, and may modify
and correct the same. The board of trustees upon the completion and
correction of such apportionment, shall forthwith file the same in the
office of the village clerk, and shall give notice of the filing of such
completed and corrected apportionment in the manner provided for by
section fourteen hundred ten of the real property tax law as to towns.
The apportionment shall then be deemed final and conclusive, unless an
appeal is taken therefrom as hereinafter provided within fifteen days
after the filing thereof. The board of trustees shall, in the annual tax
levy for such fiscal year, levy upon each such lot or parcel of land the
sum so apportioned to such lot or parcel of land, and the amount so
levied shall be collected in the same manner as other village taxes. In
the event that any such resolution shall become effective, any lot or
parcel of land assessed by any previous assessment or apportionment of
any part of the cost of constructing such sewerage systems shall be
freed from the lien of such former assessment or apportionment, except
to the extent that any part of such cost so apportioned to such lot or
parcel of land shall have been included in the annual tax levies of said
village. The powers conferred by this section shall be in addition to
the powers conferred by any other law, including any general or special
law, and such powers may be exercised without regard to the restrictions
contained in any other law other than the village law.
sewerage system. The board of trustees of any village which shall have
heretofore issued or may hereafter issue bonds for the purpose of paying
the cost of constructing in said village a sewerage system, whether
including or not including trunk lines, outfall sewers, disposal plants
or lateral sewers, or private on-site wastewater disposal systems may,
notwithstanding that any part of the expense of constructing such
sewerage system or private on-site wastewater disposal system has
theretofore been assessed upon lands benefited, determine and order that
any portion of such cost, not exceeding in amount the aggregate amount
of such bonds then outstanding, shall be assessed upon the lands
benefited by the construction of such sewerage system or private on-site
wastewater disposal system in the manner provided in this section. Any
such resolution shall determine the aggregate amount of such bonds which
shall then be outstanding and unpaid and shall fix the portion of each
installment of maturities of said bonds which is thereafter to be
assessed upon lands benefited, in the manner provided in this section.
Any such resolution shall be subject to a permissive referendum. Prior
to the first day of May in each year the board of trustees shall compute
the aggregate amount of the portion of the principal of said bonds, to
become due during the ensuing fiscal year which is required by said
resolution to be assessed upon the lands benefited, and also the
interest on such portion of said bonds to become due during such fiscal
year, and shall assess such amount on the lands within said village, in
proportion as nearly as may be to the benefit which each lot or parcel
will derive from the construction of said sewerage system. After making
such apportionment, the board of trustees shall serve on the owner of
each such lot or parcel of land a notice of the completion of such
apportionment and that at a specified time and place a hearing will be
held to consider and review the same.
The board of trustees shall meet at the time and place specified in
such notice and hear objections to such apportionment, and may modify
and correct the same. The board of trustees upon the completion and
correction of such apportionment, shall forthwith file the same in the
office of the village clerk, and shall give notice of the filing of such
completed and corrected apportionment in the manner provided for by
section fourteen hundred ten of the real property tax law as to towns.
The apportionment shall then be deemed final and conclusive, unless an
appeal is taken therefrom as hereinafter provided within fifteen days
after the filing thereof. The board of trustees shall, in the annual tax
levy for such fiscal year, levy upon each such lot or parcel of land the
sum so apportioned to such lot or parcel of land, and the amount so
levied shall be collected in the same manner as other village taxes. In
the event that any such resolution shall become effective, any lot or
parcel of land assessed by any previous assessment or apportionment of
any part of the cost of constructing such sewerage systems shall be
freed from the lien of such former assessment or apportionment, except
to the extent that any part of such cost so apportioned to such lot or
parcel of land shall have been included in the annual tax levies of said
village. The powers conferred by this section shall be in addition to
the powers conferred by any other law, including any general or special
law, and such powers may be exercised without regard to the restrictions
contained in any other law other than the village law.