§ 58-15. New assessment when original assessment invalidated.

If any special assessment made under this chapter shall, in any suit where its validity shall be questioned, be adjudged invalid, the city council may in its discretion notify the city clerk to cease the collection of the assessment if it shall have been transmitted to him for collection, and may proceed either as in case of an original special assessment for the same purpose, or by taking up the previous proceeding at any point, and may make and levy a new assessment in the place and instead of the assessment which shall have been adjudged invalid, and the city clerk, before delivering such new assessment to the proper officer for collection, shall ascertain and note thereon payments which have been made on such invalid assessment for the same purpose, which notation shall cancel the assessment as to the parcels and lots on which such payments were made to the extent of the payments. Such new assessments shall be collected in the same manner as original special assessments.

(Code 1982, § 2-204)