[HISTORY: Adopted by the Board of Trustees of the Village
of Pomona 3-24-2014 by L.L. No. 3-2014.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law provided it should take
effect 45 days after adoption unless a petition for referendum has
been filed with the Village Clerk with such forty-five-day period,
in which event this local law shall not take effect unless approved
by a majority of electors voting thereon at a general or special election
held for such purpose.
The Board of Trustees of the Village of Pomona hereby determines
that the provision of snow removal, maintenance and repaving of public
streets within the Village of Pomona enhances the value of all properties
within the Village and is a local improvement as contemplated by the
Municipal Home Rule Law and the Village Law of the State of New York.
By the adoption of this chapter, it is the intention of the Board
of Trustees to provide a fair and equitable method of providing these
services and apportioning the cost thereof.
Pursuant to the provisions of the Municipal Home Rule Law, § 10(1)(ii)(a)(8),
there is hereby established a special benefit assessment district
to be known as the Village of Pomona Highway District. Such benefit
district shall consist of every parcel of real property within the
Village of Pomona.
A.
Simultaneously with the preparation of the Village Budget, the Mayor
shall cause a budget to be prepared for the district established herein.
Such budget shall consist of all costs incurred by the Village for
snow removal, street and road maintenance, street and road repairs
and repaving, including milling and debt service for said work, and
expenses related thereto.
B.
The provisions of Article 5 of the Village Law related to Village
budgets shall apply to the district budget.
C.
The manner of payment for the district budget shall be by special
benefit assessment to be charged on the assessed valuation of each
property within the Village. The special benefit assessment may be
billed on the same bill as the General Village Tax but shall be listed
as a separate item thereon. The special benefit assessment shall be
due and payable on June 1 of each year. Such assessment shall constitute
a lien on real property in the same manner as the real property tax.
A.
The district budget shall be presented to the Board of Trustees on or before the 31st day of March in each year. Thereafter, the Board of Trustees shall make such changes, amendments, increases or decreases to such budget as it deems necessary and apportion the cost of such budget among the properties within the district in accordance with § 87-3 hereinabove.
B.
After making such apportionment, the Board shall, at least 10 days
prior to the public hearing, publish a notice in the official newspaper
that, at a specified time and place, a public hearing on the district
budget and apportionment will be held by the Board of Trustees and
that the budget can be examined by any person interested therein at
the office of the Village Clerk during regular business hours. The
notice of public hearing on the district budget can be included in
the notice of public hearing published for the Village tentative budget
and can be held at the same date, time and place as the tentative
budget.
C.
The Board of Trustees shall meet at the date, time and place specified
in the aforesaid notice and hear comments or objections to the budget
and apportionment. The Board may modify the budget and may adjourn
the hearing from time to time without further notice.
D.
On or before May 1 of each year the Board of Trustees shall adopt
the district budget and the apportionment and assessment of cost of
said budget and file same in the office of the Village Clerk. A notice
of the adoption and filing of the budget shall be published in the
official newspaper.
E.
All local assessments levied against real property pursuant to this
chapter shall be collected in accordance with the provisions of § 5-518
of the Village Law.
The Board of Trustees shall have authority to adopt, amend and
modify rules and regulations relating to the operation of the district
and may enter into such contracts as it deems necessary for the proper
administration of the district.
In the event that any phrase, sentence, paragraph, section,
portion or part of this chapter shall be declared invalid by a court
of competent jurisdiction, such invalidity shall not be deemed to
affect the remaining portions or parts of this chapter.
