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When special assessments are levied by the percentage of tax value of the property assessed or by the foot frontage of the property bounding and abutting upon the improvement, and there are lands subject to such assessment which are not assessed for taxation, the Director of Finance and Public Record shall fix, for the purpose of such assessment, the value of such lots as they stand and of such lands at such depths as the Director of Finance and Public Record considers a fair average of the assessed value of other lots in the neighborhood, and where lands are not subdivided into lots but are assessed for taxation, the Director of Finance and Public Record shall fix the value and the depth in the same manner; but the above rule shall not apply in making a special assessment according to benefits.
The Council shall limit all assessments to the special benefits conferred upon the property assessed, and in no case shall there be levied on any lot or parcel of land any assessments for any or all purposes within a period of five years in excess of thirty-three and one-third percent (33- 1/3%) of the actual value thereof after the improvement is made unless the owner or owners of such property shall, in writing waive the said limitation. Assessments levied for the construction of main sewers shall not exceed the sum that, in the opinion of Council, would be required to construct an ordinary street sewer or drain of sufficient capacity to drain or sewer the lots or lands to be assessed for such improvement, nor shall any lots or lands be assessed that do not need local drainage, or which are provided therewith.
The Council may provide in whole or in part the cost of replacing any improvement existing in the street at the time of the adoption of this Charter, by levying special assessments as hereinbefore provided; but any assessment for such replacement in less than twenty (20) years from the date of a prior assessment for the improvement to be replaced shall be limited to a sum not in excess of thirty-three and one-third percent (33-1/3%) of the cost of such replacement.
Every ordinance providing for an improvement to be paid for in whole or in part by special assessments passed subsequent to the adoption of this Charter, shall contain an estimate by the City Engineer of the life of the proposed improvement. Any assessment thereafter made for replacing such improvement within such period of estimated life shall be limited to a sum not in excess of thirty-three and one-third percent (33-1/3%) of the cost of such replacement. Assessments for replacements at or after the expiration of such estimated period of life shall be subject to no limitation except as provided for assessments for original improvements.
Upon the completion of any improvement the Director of Finance and Public Record shall rebate to the then owner of the property which shall have been assessed to pay for such improvement, any surplus or excess remaining unexpended for the purpose for which such assessment was made, and in the event of there being a deficit in the fund provided for the making of any such improvement the Director of Finance and Public Record shall report to the Council a supplementary assessment within the limitations hereinbefore provided, which supplementary assessment shall be made by ordinance of the Council and certified for collection as is provided in the case of original assessments, but no such supplementary assessment shall be levied after the expiration of one year from the date of the completion of the improvement.
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