Daily capital journal. (Salem, Oregon) 1903-1919, 1912-11-09

tlon or repair OF any sewer or FOR any
local Improvement which has been
already made or which may hereafter
be made by the city Of Salem, which
has already been or which may here
after be set aside, annulled, declared
or rendered void or its enforcement
refused by any court of competent
jurisdiction whether directly or by
virtue Of any decision of such a court
or when the council may be in doubt
as to the validity of any such assess
ment, or any part thereof, which may
have already been made or may here
after be made, the council may, by
ordinance, make a new assessment or
re-assessment upon the lots, blocks
or parts thereof or parcels of land
which have been benefited by any
such improvements to the extent of
their respective and proportionate
shares Of the full value and cost
thereof.
Such re-assesment shall be based
upon the special and peculiar benefit
of any such improvement to the re-
spective lots, blocks or parts thereof
or parcels Of land assessed at the
time of making the original assess
ment, but shall no. exceed the amount
Of such original assessment, together
with any deficits forming a part Of
said original assessment, but inter
est thereon from the date Of delin-
quency Of the original and deficit as
gessment may be added at the discre-
ton Of the common council. Such
new assessment or re-assessment
shall be made in an equitable man
ner, as nearly as may be in accord
ance with the law in force at the time
Of making the original assessments.
but the council may adopt, in its dis
erection, a different plan Of apportion-
ment of the special and peculiar ben
efits when in its judgment It may be
necessary to secure an equitable as
sessment, The proceedings required
by this charter to be had prior to the
making Of the original assessment
shall not be required to be taken or
had In making a new or re-assess-
ment under this section. Such new
or re-assessment shall be made and
shall become a lien and charge upon
property upon which the same Is
Notwithstanding the omission,
or neglect Of any officer, body
or person to comply with the pro-
visions Of this charter connected with
or relating to such improvement and
original assessment, and notwlth-
standing that the proceedings Of the
common council or any of the officers
Of the city Of Salem, Oregon, may
have been irregular or defective,
whether such irregularlty be jurisdic-
tional or otherwise. Such re-assess-
ment shall not be made in the case of
a street improvement wherein a re-
nonstrance sufficient in law ito de-
Feat the same shall have been filed.
The common shall, by resolution,
leclare the district that will be spe-
and peculiarly benefited by the
Improvement for which the new as
Iessment or re-assessment Is made
md Shall direct the city engineer to
prepare a preliminary assessment up
IN the property included therein
within a time to be fixed by said reso-
.ution. Upon the passage of such
'esolution the city engineer shall, as
thereafter as such new ASSESS
nent or re-assessment is prepared, file
he same with any maps or plats which
with any maps or plats which
nay be prepared as a part Of such
e-assessment, who shall forthwith
give notice for ten (10) successive
publications Of a newspaper published
the city Of Salem, Oregon, that
such re-assessment is on file in his Of
ice, giving the date OF the passage Of
he resolution, directing the making
If the same, and the time at which
he council will hear and consider OBJ
ections to said assessment by parties
leeming themselves a%ggrleved or dis
)roportionately assessed thereby and
warming all such persons not to de-
part from the council meeting until
such re-assessment has been COM
The city recorder, upon the
'irst publication Of said notice, shall
forthwith mail 10 the owner Of each
.ot or block or part thereof or tract
If land affected by such assessment,
" to his agent, If the ~postofice address
If either be known to him, a notice Of
such assessment, and II such postof-
ice address be unknown then such
notice shall be directed to the appar-
mt owner or his agent at Salem, Ore
yon.
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 (1O) days from the last