(A) Certification. The City Manager shall, within 60 days after the completion of each local or special public improvement compile the actual cost thereof and certify the same to the Assessor who shall adjust the special assessment roll to correspond therewith.
(B) Additional assessment. When any special assessment roll shall prove insufficient to pay the cost of the improvement for which it was made (including the expenses incidental thereto and the principal and interest on bonds or other evidences of obligation issued therefor) additional pro rata assessments may be made, but the total amount assessed against any one parcel of land shall not exceed the value of benefits received by the lot or parcel of land. The additional pro rata assessment shall not exceed 25% of the assessment as originally confirmed unless a meeting of the Council be held to review the additional assessment, for which meeting notices shall be published and mailed as provided in the case of review of the original special assessment roll.
(C) Assessment refunds. The excess by which any special assessment proves larger than the actual cost of the improvement and expenses incidental thereto may be placed in the general fund of the city if the excess is 5% or less of the assessment, but should the assessment prove larger than necessary by more than 5% the entire excess shall be refunded. The refund shall be made by credit against future unpaid installments to the extent of the installments then existing and the balance of the refund shall be in cash. No refunds may be made which contravene the provisions of any outstanding evidence of indebtedness secured in whole or part by the special assessment.
(D) Illegal or invalid assessments.
(1) Whenever any special assessment shall, in the opinion of the Council, be invalid by reason of irregularity or informality in the proceedings, or if any court of competent jurisdiction shall adjudge the assessment to be illegal, the Council shall, whether the improvement has been made or not, or whether any part of the assessments have been paid or not, have power to cause a new assessment to be made for the same purpose for which the former assessment was made.
(2) All proceedings on the reassessment and for the collection thereof shall be conducted in the same manner as provided for the original assessment, and whenever any sum or part thereof levied upon any property in the assessment so set aside has been paid and not refunded, the payment so made shall be applied upon the reassessment or if the payments exceed the amount of the reassessment, refunds shall be made.
(3) No judgment or decree nor any act of the Council vacating a special assessment shall destroy or impair the lien of the city upon the premises assessed for an amount of the assessment as may be equitably charged against the same or as by regular mode of proceeding might have been lawfully assessed thereupon.
(Ord. 54, passed 12-3-1953; Ord. 182, § 1, passed 2-13-2012)