Daily capital journal. (Salem, Oregon) 1903-1919, 1912-11-12

whether such irregularity be jurisdic
j tional or otherwise. Such ]re-assess
ment shall not be made in the case o
- a street improvement wherein a re-
monstrance sufficient in law 10 de-
e feat the same shall have been filed,
The common shall, by resolution
I declare the district that will be spe.
cially and peculiarly benefited by thu
improvement for which the new as.
| sessment or re-assessment Is made
and shall direct the city engineer t
/ prepare a preliminary assessment up.
on the property included therein
within a time to be fixed by said reso-
luton. Upon the passage of such
resolution the city engineer shall, as
soon thereafter as such new assess
ment or r-e-assessment is prepared, file
the same with any maps or plats which
gether with any maps or plats which
may be prepared as a part Of such
Te-assessment, who shall forthwith
give notice for ten Q0) successive
publications Of a newspaper published
in the city of Salem, Oregon, that
such re-assessment Is on file in his Of
flee, giving the date OF the passage of
the resolution, directing the making
of the same, and the time at which
the council will hear and consider OBJ
jections to said assessment by parties
deeming themselves aggrieyed or dis.
proportionately assessed thereby and
warning all such persons not to de-
part from the council meeting until
such re-assessment has been COM
pleted, The city recorder, upon the
first publication of said notice, shall
forthwith mail TO the owner of each
lot or block or part thereof or tract
of land affected by such assessment,
or to his agent, if the ~postolice address
Of either he known to him, a notice Of
such assessment, and if such postof.
flee address be unknown then such
notice shall be directed to the appar-
ent owner or his agent at Salem, Ore
gon.
The owner or owners Of any such
property which is "re-assessed by such
preliminary re-assessment or any per-
son having any interest therein may
within ten (lO days from the last
publication herein provided for, file
with the city recorder their objections
in writing, to such re-assessment.
At the time appointed in such no
tice the common council shall hear
and determine all objections which
have been filed by any party interest
ed. The common council shall have
power to adjourn such hearing from
time to time, and shall have power,
in its discretion, to revise and correct
or set aside or order the remaking of
such preliminary assessment and
shall thereafter pass an ordinance
approving and confirming such pre-
liminary re-assessment as corrected
and remade by it and such decision
shall be final determination of the
regularity, validity and correctness of
the re-assesment, except as provided
for in subdivision A OF this section.
When said re-assessment is COM
pleted and confirmed by the ordi-
nance above provided for 1t hall be
entered in the docket of city liens and
shall be enforced and collected in the
same manner that other assess
meuts for local improvements are en-
forced and collected under this char
ter and the laws of the city of Salem.
All sums paid upon the original as
sessment shall be credited to the
property on account of which the
same were paid as of the date of such
payment. And all applications to pay
said assessments in installments and
authorize the issuance Of bonds UNI
der the Bancroft act shall be deemed
to apply to such re-assessments as OF
the date Of the filing Of any such ap-
p~lication,
Whenever an attempt has been
made to sell property under any as
sessment and such sale is found or
declared to he void, upon the making
of the re-assessment the property shall
be- resold and the proceeds Of such
sale shall be paid to the purchaser at
the former void sale or his assigns.
No proceedings shall be instituted
for making a re-assesment under the
provisions of this subdivision unless
the resolution directing the same shall
be passed within ten 40 years OF the
passage of the resolution or ordinance
declaring the notice Of intention for
the making Of the original work. i'm.
proyement or repair,
Section "A. Any person who has
filed objection TO such new assess
ment or re-assessmeut, and who may
not have been satisfied by the amend
ments made by the common council
or by the hearing granted such per
son, may appeal to the circuit court
OF the state Of Oregon, for the county
OF Marion, from the re-assessment
against any property owned by him