The Arizona sentinel., 1904-09-28

shall constitute quorum with power to act,
which said commission shall examine the local
ity where the said improvement is to be or has
been made. and the lots, blocks. tracts and par
cells of land benefited thereby: they shall esti-
mate what proportion if any CT the total cost
OF such improvement should bc borne by the
town at large because Of public benefit, and
what proportion should be borne by the prop
cry benefited, and apportiOn the said cost be
tween the town and such property so that each
Shall bear its relative equitable proportion
! and having found such amounts, TO apportion
ana assess such amount so found to be OF benc-
lit TO the property upon the several lots, blocks.
tracts and parcels Of land in the proportion in
which they will Scvcr2ily be benefited by such
! Improvement. 10 lot. block or tract of land
! shall be assessed in Il greater amount than it
will be actually benefited. The said commits
! sion shall make an estimate Of the cost Of the
| construction of The proposed sidewalk. includ-
| ing labor materials GEd all other expenses at
! tending the same and cost Of leVying the as
Sessment and collecting the tax. which amount
shall be the amount levied in said assessment.
Section Z. Said commission shall also make
or cause 10 he made an assessment roll. in
which shall appear the names Of the owners so
far as known a description of block, lot, tract
or parcel OF land. and the amount assessed as
benefits thereto and in which shall be set down
as against the town the amount said commits
scn shall have found as public benefit.
Section O. Il shall be the duty of the said
commission to report the said assessment roll
under oath. to the Common Council. within
twenty (20) days from he date Of their appoint
ment and he said report when received shall
be open TO inspection by all persons.
Section 10. Uron receipt of the said report it
shall lie the duty CT The Common Council to set
q day and hour rot less than twenty (20) days
from the date when the said report is received,
when the Common Council shall proceed 10 con-
slider the said report and the objections, if any,
thereto by any property owner Of the town.
Section H.. 1t shall be the 'uty of the Town
Clerk to send by mail. postpaid. at least ten
days before the day set for the said hearing to
each property owner named in the report of
said commission and assessed. whose address is
known 10 said clerk or by diligcnt inquiry can
be learned. notice which shall state the de-
scription of said sidewalk as it was described in
The ordinance authorizing its construction;
That a commission has assessed the cost of the
said improvement upon the property benefited
according to the amount said property is berc
fitted: that said assessment Eas been reported
to the Common Council and is now on file with
the Town Clerk and open 10 public inspection;
that the Common Council will on certain day
and hour. naming the same, proceed to examine
nand reject confirm, or modify and confirm, the
assessment roll as reported by the said commits
sion; that all persons desiring may then and
there appear and make any objection they may
have to such assessment roll Or any item there
in.
And the Town Clerk shall cause the said no.
tice to be published preceding the day of the
said hearing in at least two issues of q weekly
newspaper published in the town of Yuma
Section T. If upon such hearing it shall APP
pear that any premises assessed for said i'm
provement in the roll prepared by said commits
sion are assessed more or less than they will be
benefited, or more or less than the proportion
ate share OF the cost of the improvement which
such premises should justly bear, the Common
Council shall amend and change said assess
ment accordingly. And the Common Council
shall examine and reject, confirm or modify and
confirm the said assessment roll, and the assess
mentS therein contained, and thereupon. if said
assessments and roll be confirmed or modified
and confirmed the same shall stand as valid
assessment therein to the amount of such as
sessment against each lot, block, tract or parcel
of lard. If the owner Of any parcel of land as
scssCd for such improvement shall feel himself
aggrievcd by reason of the determination made
by the Common Council, he may within twenty
C20) days after the date Of such determination
appeal therefrCm to the District Court: Pro
vided. that in case any contract shall have been
Structing said Improvement, said appeal shall
not affect such contract: and in case the appel
liant shall succeed in his suit. the difference be-
tween the amount charged in the assessment
roll and the amount adjudged by the court to be
paid as benefits accruing to the parcel of real
estate described in said assessment roll shall
be paid by the town at large.
Section l3, The Common Council may by res
olution provide for the paymant of the said as
sesSment in equal annual installments, not ex-
cecding five Isl.
Section 20. When said assessment is COM
pleted the Common Council shall issue the
proper warrants for the collection of the said
tax and name the dates when said warrants re-
spectively shall be returned. But the said dates
may be by the Common Council extended from
time to time.
Section Is. Sections Z, 8, 9, 10 and II of Ordi-
nance No. II of the Town of Yuma, adopted
July Is, 1903. are hereby re-enacted as part of
this present ordinance, except that the words
the Arizona Sentinel" are hereby stricken
from section thereof for the purposes of this
present ordinance only.
Section l6. This ordinance shall take effect
and be in force from and after its passage.
Passed by the Common Council of the Town
of Yuma this 18th day Of August, A. D. 1904.
II. H. CONVERSELY,
Mayor.
Attest: J. L. REDONDO.
Town Clerk