[Adopted 12-10-1974 by L.L. No. 5-1974]
As used in this article, the following terms shall have the
meanings indicated:
The filling, excavating, grading, paving, draining and the
laying of curbs, gutters and sidewalks upon or otherwise improving
a Village street or highway and the repair, replacement or reconstruction
of existing pavement, curbs, gutters, sidewalks or other existing
improvements upon Village streets and highways or any one or more
of all of such improvements.
The Board of Trustees of the Village of Medina 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 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, the first publication to be made not less
than 10 days before the date of the hearing. After the hearing, the
Board of Trustees may determine to proceed with such highway improvement
or may abandon the same.
If the Board of Trustees determines to proceed with such highway
improvement, such highway improvement may be made and contracts therefor
may be let for the making thereof as provided by law, or said improvements
may be made by the use of Village forces and equipment or by a combination
of letting contracts and using Village forces, as the Board of Trustees
may determine.
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
of such highway improvements may be assessed entirely upon the lands
benefited thereby.
At any time after letting the contract or contracts or undertaking
the work, 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.
A resolution passed pursuant to the provisions of this article,
including any resolution for making the improvements or apportioning
the costs 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.
