§ 78-141. Levy of reassessment; cost and value.

(a)

The fact that the contract has been let or that the project shall have been acquired or improved, or acquired and improved, and otherwise completed in whole or in part shall not prevent the assessment from being made, nor shall the omission, failure or neglect of any officer to comply with the provisions of the laws governing the city as to petition, notice, resolution to acquire or improve, or both acquire and improve, estimate, survey, diagram, manner of letting contract or execution of work or any other matter whatsoever connected with the project and the first assessment thereof, operate to invalidate or in any way to affect the making of the new assessment or reassessment, as provided for by sections 78-135—78-146, both inclusive, charging the property benefited with the expense thereof, except as herein otherwise provided.

(b)

Any such reassessment shall be levied by ordinance, shall become final, and shall be subject to appeal, as provided in sections 78-102 and 78-103.

(c)

Such reassessment shall be for an amount which shall not exceed the actual cost and value of the project, together with any interest that shall have lawfully accrued thereon; and such amount shall be equitably apportioned upon the property benefited thereby according to the provisions of the laws of the city.

(d)

It is the true intent and meaning of sections 78-135—78-146, both inclusive, to make the cost and expense of each local improvement project payable by the tracts benefited by such project by making a reassessment therefor, notwithstanding that the proceedings of the council, engineer or other body or any officers thereof may be found irregular or defective, whether jurisdictional or otherwise.

(Code 1981, § 27-141; Ord. No. 551, § 82, 5-14-1964)

State law reference

Effect of court order setting assessment aside, C.R.S. § 31-25-539.