§ 26-146. Pre-assessment.

(a)

Council may levy an assessment prior to construction of a local improvement as provided herein. When the estimated cost of a local improvement has been ascertained on the basis of a City Engineer's estimate of costs, the award of a contract or any other basis acceptable to Council, the City Engineer shall prepare the proposed assessment roll for the lots within the local improvement district and, after its approval by the City Manager, shall file it in the office of the City Recorder and submit it to Council.

(b)

Notice of the proposed assessment shall be given in accordance with this article. The proposed assessment roll shall be considered by Council and processed by staff in accordance with the procedures described in this article.

(c)

If the initial assessment has been made on the basis of estimated cost and, upon completion of the improvement, the actual cost is found to be greater than the estimated cost, Council may make a definite or supplemental assessment for the additional cost. Proposed assessments upon the respective lots within the local improvement district for the proportionate share of the deficit shall be made, notices sent, a public hearing held and opportunity for objections considered, and determination of the assessment against each particular lot, block, or parcel of land shall be made as in the case of the initial assessment; and the deficit or supplemental assessment spread by ordinance. The deficit assessments shall be entered in the city lien docket, notices published and mailed, and the collection of the assessment made in accordance with the provisions of this article relating to the original assessment. Council may hold the pre-assessment hearing concurrently with any other hearing required.

(d)

If assessments have been made on the basis of estimated cost and, upon completion of the improvement project, the cost is found to be less than the estimated cost, Council shall, following public hearing, declare the same by ordinance; and when so declared, the excess amounts shall be entered on the city lien docket as a credit upon the appropriate assessment. Thereafter, the person who paid the original assessment, or his legal representative or successor, shall be entitled to repayment of the excess amounts. If the property owner has filed an application to pay the assessment by installment, he shall be entitled to such refund only when such installments, together with interest thereon, are fully paid. If the property owner has neither paid such assessment nor filed an application to pay in installments, the amount of such refund shall be deducted from such assessment, and the remainder shall remain a lien on such property until legally satisfied.

(Code 2006, § 12.2.10)