Merced Municipal Code Ch. 13.26 Reassessment

If, in the opinion of the council, any assessment heretofore or hereafter issued is void or unenforceable, or the legality thereof is questionable for any cause, or if bonds are issued to represent or be secured by any assessments and the issuance is not effective through the curative provisions applicable thereto to make them valid and enforceable, or if the previous assessment or bonds are insufficient to pay the cost or estimated cost of the project, or if the council determines that the public interest will be served, a reassessment may be had either as to the whole of an assessment or as to any part thereof.

(Prior code § 14A.101).

There the assessment is for an uncompleted project, a reassessment may be had notwithstanding the project is not completed. In that case, the reassessment shall assess upon the lands benefited the benefits derived from the project or to be derived from the project when completed.

(Prior code § 14A.102).

The reassessment shall be made upon the demand of the contractor or his assigns, or the owner or holder of bonds aggregating one-third of the principal amount outstanding or upon order of the city council whose decision so to do shall be final.

(Prior code § 14A.103).

The reassessment shall be made in the manner and form provided by the Improvement Act of 1911 and Improvement Bond Act of 1915.

(Prior code § 14A.104).

In the resolution ordering the reassessment, the council shall determine whether said reassessment shall include interest, and if so, the rate at which and the date from which it shall be computed. In lieu thereof, it may order that the reassessment shall bear interest at a rate and from a date fixed by it.

(Prior code § 14A.105).

Proceedings for notice to pay, demand and payment shall be had as provided for the original assessment.

(Prior code § 14A.106).