133.19 INSUFFICIENT AND EXCESS ASSESSMENTS.
   (a)   If an assessment proves insufficient to pay the cost of a public improvement or service, the Council of the City may levy an additional assessment to supply the deficiency. Such additional assessment shall be levied against the same properties as were assessed for the cost of the improvement or service and shall be assessed among such properties in the same proportion as the assessment for the cost of the improvement or service was levied. Such additional assessment shall be subject to the same limitations as the assessment for the cost of the improvement or service.
   (b)   In case a larger amount is collected from an assessment than is necessary to pay the cost of the service or the improvement or to retire the bonds or notes issued in anticipation thereof, the amount of such assessments collected in excess of the amount necessary to pay such costs or retire such bonds or notes shall be used for one or more of the following purposes:
      (1)   To pay the costs of other improvements or services which are assessed;
      (2)   To pay some or all of the principal of or interest on any bonds or bond anticipation notes issued by the City; or
      (3)   To be returned to the persons from whom it was collected in proportion to the amounts collected from each such person respectively.
   (c)   Ohio R.C. 727.38 or any successor section thereto shall not apply to the City’s assessment proceedings.
(Ord. 6007-89. Passed 7-21-89.)