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Whenever, in the opinion of Council, a special assessment is invalid or defective by reason of irregularity or informality in the proceedings, or if a court of competent jurisdiction adjudges such assessment to be illegal in whole or in part, Council may, whether or not the improvement has been made or any part of the assessments has been paid, cause a new assessment to be made for the same purpose for which the former assessment was made. All proceedings on such reassessment and for the collection thereof shall be conducted in the same manner as provided for the original assessment, except that it shall not again be necessary to prepare plans and estimates of cost, redetermine the necessity of the improvement or hold a hearing thereon, unless and to the extent that the cause of irregularity arose in such proceedings. Whenever a sum or part thereof, levied upon any property for the assessment so set aside, has been paid and not refunded, the payment so made shall be applied toward the reassessment, or if the payment exceeds the amount of the reassessment, a refund shall be made to the person making such payment. No judgment or decree, or any act of Council, vacating a special assessment, shall destroy or impair the lien of the City upon the premises assessed for such amount of the assessment as may be equitably charged against the same had such charge been lawfully assessed thereupon in accordance with the procedure established or authorized in this chapter.
(Ord. 158. Passed 7-2-56.)