East Oregonian : E.O. (Pendleton, OR) 1888-current, 1911-04-08

Of the first publication Of the notice
required to be published IN the pre-
ceding section, the owners of 80 per
cent or more in area OF the property
within such assessment district may
make and file with the City Recorder
written objection or remonstrance
against such proposed improvement,
and such objection or remonstrance
shall be bar to any further proceed
ing in the making of such improve
ment for a period Of six months, un-
less the owners Of one-half or more
Of the property affected as aforesaid
shall subsequently petition therefor.
CD If no such objection or re-
monstrance be made or filed with the
Recorder within the time designated,
the Council shall be deemed to have
acquired Jurisdiction to order the i'm
provements to be made, and the
Council may thereafter by ordinance
provide for making such improve
ment, which shall conform in all par
ticulars to the plans and specifica-
tions previously adopted.
(6) When the improvement Of
any street is ordered the Recorder,
upon instruction from the Common
Council, shall Immediately invite pro-
posals for making the same, in ac-
cordance with ordinance provided,
which proposals shall be opened in
the presence Of a majority of the
Common Council and the contract
awarded to the lowest responsible
bidder for either the whole of said
improvement or such part thereof as
will not materially conflict with the
completion of the remainder thereof
The Common Council shall have the
right to reject any or all proposals
received. If all proposals shall be
rejected the Common Council shall
have power by resolution duly adopt
ed, to order that such improvement,
or any portion thereof, may be made
under the direction Of the Common
Council by purchasing the materials
and hiring the labor therefor. The
Common Council shall have the pow
er to provide for the proper inspec-
ton and supervision of all work done
under the provisions of this article,
and to do any other act to secure
the faithful carrying out and the COM
pletion of all contracts, and the max
ing Of all improvements in strict COM
pliance with the ordinances and
specifications therefor, and shall have
power to direct that the cost of said
improvements, or any portion there
of, shall be paid for by the City.
CD Upon the signing of the con-
tract, or upon the determination of
improvement under its own supervi-
sion by purchasing the material and
the Common Council to make said
hiring the labor therefor, or as soon
thereafter as is reasonably conven-
lent, the Common Council shall pro-
ceed to apportion and assess the cost
of making such improvement upon
the lots, parts of lots and parcels of
land within the assessment district, in
accordance with the special and pc
culiar benefits derived by each lot,
part of lot and parcel of land. No
notice of such hearing and assess
ment shall be necessary other than
the notice required by subdivision 3
of this section, and all objections or
exceptions to the Surveyors estimates
Of percentage or any application for
raising or lowering the same in any
particular shall be filed with the City
Recorder within fifteen days after
the first publication Of such notice,
and at such hearing the Common
Council shall consider the said City
Surveyors estimates of assessments
and all objections thereto, and shall
have the power at its discretion, and
without any further notice, to con-
slider, ascertain and determine the
amount of the special and peculiar
benefits accruing to each lot, part OF
lot or parcel of land within said as
sessment district by reason of such
improvement, and the amount appor-
toned by the City Surveyor to any
lot, part of lot or parcel of land shall
be so reduced or increased by the
Common Council that it shall be in
just proportion to such benefits. But
in no case shall any such percentage
exceed such benefit. The amount of
such assessment against each lot,
part of lot and parcel of land shall
be declared by ordinance, and the Re-
corder shall thereupon enter the same
in the lien docket of The City of Pen
dleton, and the same shall thereafter
be known as the Recorders Estimate
and Assessment. The contract price,
based upon the estimate of the City
Surveyor, or If there be no contract,
the estimates of the City Surveyor,
the cost of right of way and expenses
Of condemning the land and a sum
not exceeding five per cent the
contract price, or the surveyors esti-
mate as the cost of advertising, engi-
neering and superintendent shall be
deemed to be the cost of every i'm
provement.
This notice is published pursuant
to order of the Common Council, the
first publication hereof being made
April 3, 1911.
Dated Pendleton, oregon, April 8,
1911.
THOMAS F-Tz GERALD,
City Recorder.