§ 52.17. Revisions to Assessments.

(A)

In the event that (1) the maximum annual Assessment more than covered the Fiscal Year's expenses related to the Local Improvement or Local Service or (2) the debt service on Obligations is paid from legally available funds other than the Assessment, then in lieu of making revisions or corrections to reduce the total Assessment, the Council is hereby authorized to and may, within its sole discretion, make reimbursement or credit future years' Assessments, pro rata, to owners of assessed property for all or a portion of the unutilized current year's Assessment or, if the Obligations are refunded and the Council elects to fund the cost of the Local Improvement or Local Service with a different revenue source, the Council may forgive the remaining Assessment.

(B)

If any Assessment made under the provisions of this Ordinance is either in whole or in part annulled, vacated or set aside by the judgment of any court, or if the Council is satisfied that any such Assessment is so irregular or defective that the same cannot be enforced or collected, or if the Council has omitted to include any property on the Assessment Roll which property should have been so included, the Council may take all necessary steps to impose a new Assessment against any property specially benefited by the Local Improvement or Local Service, following as nearly as may be practicable, the provisions of this Ordinance and in case such second Assessment is annulled, the Council may obtain and impose other Assessments until a valid Assessment is imposed.

(Ord. of 1-22-1996, Doc. #29102)