The Arizona sentinel., 1904-09-21

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
GELS OF land benefited thereby; they shall esti-
mate what proportion if any of the total cost
of such improvement should be borne by the
town ut large because Of public benefit, and
what proportion should be borne by the prop
er:y 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 bene-
fit to the property upon the several lots, blocks,
| tracts ard parcels OF land in the proportion in
| which they viii Severally be benefited by such
! improvement. No lot block or tract OF land
| shall Re assessed in a greater amount than 1t
| 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 and all other expenses at
| tending the same and cost Of levyfng the as
seSsment and collecting the tax which amount
shall be the amount levied in said assessment
Section s. Said commission shall also make
! or cause 10 be made an assessment roll. in
wFarh shall appear the names OF the owners so
far as known, q 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 ecnnnfs-
scn shall have found as public benefit.
Section O. 1t shall be the duty OF the said
commission to report the said assessment roll
under cath. TO the Common Council, within
twenty (2O) days from the date of their appoint
ment, and the said report when received shall
be open 10 inspection by all persons.
Section 10. Upon receipt OF the said report it
shall be the duty OF the CemmoL Council to set
a day and hour not less than twenty (2O) days
from the date when the said report is received,
when the Common Council shall proeeed TO con-
slider the said report and the objections, if any,
thereto bv any property owner Of the town.
SectionlI. 1t shall be the 2uty 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 to said clerk or by diligent inquiry can
be learned notice which shall state the de-
scription Of said sidewalk as IL was described in
the ordinance authorizing its construction;
that commission has assessed the cost OF the
said Improvement upon the property benefited
according to the amount said property is benc.
fteti: that said assessment has been reported
to the Common Council and is now on file with
the Town Clerk and open 10 public inspection;
that the Common Councifwill, on q certain day
and hour. naming the same, proceed TO examine
and reject, confirm, or modify ami 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 pu blished preceding the day of the
said hearing in at least two issues OF weekly
newspaper published in the town OF Yuma.
Section II. II 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 OF 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 assess ment roll, and the assess
ments therein contained, and thereupon. il 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 land. II the owner OF any parcel OF land as
sessed for such Improvement shall feel himself
aggrieved by reason OF the determination made
by the Common Council, he may. within twenty
(2O) days after the date OF such determination
appeal therefrom to the District Court: Pro-
vided. that IN cake any contract shall have been
heretof0rp n hpfQre raa All
structirg 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 adipdged by the court to be
paid Is benefits accruing TO the parcel of real
estate described in said assessment roll shall
be paid by the town at large.
Section 49, The Common Cenncil may by res
olution provide for the paymant Of the said as
sessment in equal annual installments, not ex-
ceeding five Isl.
Section IS. 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 To- Sections {, s, g, 10 and II of Ord-
nance No II OF the Town of Yuma, adopted
July 15 1908, are hereby rc-enacted as part Of
this present ordinance, except that the words
1.-The Arizona Sentinel are hereby stricken
from section thereof for the purposes of this
present ordinance only.
Section It, 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.
H. II. CONVERSELY,
Mayor
Attest: J. L. REDONDO,
Town Clerk,
First pub. aug 81, 1904-3t