Santa Clara Municipal Code Art. VII Reassessments

If in the opinion of the City Council any assessment made under this title is void or unenforceable for any cause or if bonds are issued to represent or be secured by any assessments and such issuance is not effective through any provision of this title 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 City Council shall determine that the public interest will be served thereby, a reassessment may be had.

(Ord. 859 § 180; Formerly § 16-52)

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

(Ord. 859 § 181; Formerly § 16-53)

The reassessment shall be made upon the demand of the contractor or his/her assigns or the owner or holder of bonds aggregating one-third of the principal amount outstanding, or upon order of the legislative body and shall be made in the manner and form provided by the State Improvement Act of 1911 and State Improvement Bond Act of 1915. Nothing contained in this section shall prevent the City Council from ordering a reassessment on its own motion and its decision to do so shall be final.

(Ord. 859; Formerly § 16-54)

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Stat. Ref.: For State Improvement Act of 1911, see Sts. & H.C.A. §§ 5000 – 6794. For State Improvement Bond Act of 1915, see Sts. & H.C.A. §§ 8500 – 8851.

In the resolution ordering the reassessment, the City Council shall determine whether such reassessment shall include interest and if so, the rate at which and the date from which it shall be computed. In lieu thereof, the City Council may order that the reassessment shall bear interest at a rate and from a date certain.

(Ord. 859; Formerly § 16-55)

If the bonds have not been issued or if the bonds outstanding are not to be replaced by new bonds, proceedings for notice to pay, demand and payment shall be had as provided for in the original assessment.

(Ord. 859; Formerly § 16-56)