Legislation
SECTION 6-630
Provisions governing the improvement of highways in villages
Village (VIL) CHAPTER 64, ARTICLE 6
§ 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.
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.