§ 19-72. Setting aside special assessments.

If any special assessment made hereunder to defray the whole or part of the expense of any local improvement shall be either in whole or in part annulled, vacated or set aside by the judgment of any court, or if the city council shall be satisfied that any assessment is so irregular or defective that the same cannot be enforced and collected, or if the said council shall have omitted to make such assessment when it might have done so, it is hereby authorized to take all steps to cause a new assessment for the whole or any part of any improvement and against any property benefited by any improvement, which procedures and steps shall follow the provisions of this article as may be possible under the circumstances. In the event such second assessment shall be annulled, vacated or set aside, then and in that event, the council may obtain and make another assessment until a valid special assessment shall be accomplished. No omission, informality or irregularity in the proceedings preliminary to the making of a conformed special assessment list by the council shall render said special assessment invalid, and the conformed special assessment list and the record thereof kept by the city clerk shall be competent and sufficient evidence that the special assessment list was duly made and adopted and that the special assessment was duly levied, and said conformed special assessment list shall also be competent and sufficient evidence that all other proceedings necessary to the adoption of said special assessment list were duly had, taken and performed as required by this article, and no variance from the directions herein contained as to the form and manner of any of the proceedings shall be held material, unless it is clearly shown that the party objecting to said special assessment process was materially injured thereby. In the event any special assessment shall, in any suit where its validity shall be questioned, be adjudged invalid, the city council may, in its discretion, notify the mayor to cease the collections, and the council may proceed anew by proceedings as if the matter was taken under the provision for an original special assessment for the same purpose, or, in the alternative, the council may cure any defects found by such judgment by taking up the previous proceedings at any point, and may make and levy a new assessment in the place and stead of the assessment which shall have been adjudged invalid, and the city clerk, before delivering such new assessment to the mayor for collection, shall ascertain and note thereon any and all payments which had been made pursuant to such invalid assessment for the same purpose, which notation shall cancel the assessments as to the parcels and lots on which such payments were made to the extent of the payments so made. Such new special assessments shall be collected in the same manner as an original special assessment.

(Ord. No. 82-132, § 12, 7-27-82)