East Oregonian : E.O. (Pendleton, OR) 1888-current, 1914-03-18

ment which has been or may hereafter be
made by the City, has been or shall here
after be set aside, annulled, declared or
rendered void, or its enforcement refused
by any court Of this state, or any Federal
court having jurisdiction therein, whether
directly or by virtue Of any decision OF such
court, or when the council shall be In doubt
as to the validity Of such assessment, or
any part thereof, the council may, by ordi.
nance, make new assessment. or re assess
ment, upon the lots, blocks or parcels OF
land which have been benefited by such
improvement to the extent Of their respec.
tive and proportionate shares OF the full
value thereof. Such ~e-assessment shall be
based upon the special and peculiar bene~
fit Of such Improvement to the respective
parcels of land assessed. at the time of Its
original making, but shall not exceed the
amount of such original assessment. In.
terest thereon from the date of delinquency
of the original assessment may be added
at the discretion of the Council. Such re-
assessment shall be made in an equitable
manner. as nearly as may be in accordance
with the law in force at the time IL Is
made; but the Council may adopt a diff
ferent plan of apportionment of benefits.
when In its judgment essential. to secure
an equitable re-assessment. The proceed
ings required by this Charter to be had
prior to the making of the original as.
sessment shall not be required to be taken
or had within the intent OF this Section.
Such re-assessment shall be made and shall
become charge upon the property upon
which the same is laid, notwithstanding the
omission. failure or neglect of any officer.
body or person to comply with the provisions
OF this Charter connected with or relating
to such Improvement and original assess
ment and notwithstanding the proceedings
of the Council or Of any officers, contractor
or other person connected with such work
or Improvement may have been Irregular or
defective. whether such irregularity or de-
Foot ha inrio thar
re-assessment shall not be made In case OF
a street Improvement wherein remon.
STRANGE sufficient in law to defeat the Or
iginal improvement shall have been filed.
The Council shall by resolution declare tho
district that has been or will be, benefited
by the improvement for which the re as.
seSsment is to be or shall be made, and
shall direct the Recorder or City Engineer
to prepare a preliminary re-assessment up,
on the property included therein within n
time TO be fixed by said resolution. Upon
the passage of such resolution the Recorder
shall. as soon thereafter as such re assess
ment Is prepared, give notice by ten sue,
cessive publications in some daily newspa-
per published In The City OF Pendleton. that
such reassessment is on file in his office,
giving the date OF the passage OF the reso-
luton directing the making of the same
and the time at which the Council will hear
and consider objections to said re-assess>
ment by parties aggrieved thereby, and
warning such persons not to depart until
such re-assessment has been completed. The
Recorder shall forthwith mail to the own
er OF each lot or part thereof. or tract OF
land. affected by such re assessment. or to
his agent. II the postoffice address OF either
be known to the Recorder, a notice OF such
re-assessment and IL such postoffice ad.
dress be unknown, then such notice shall be
directed to such owner or agent at Pendle.s
ten, Oregon. The owner or owners Of any
property which Is assessed on such reas.
sessment or any person having an interest
therein, may within ten days from the last
publication herein provided file with the
Recorder their objections In writing TO such
re assessment. AT the time appointed In
such notice the Council shall hear and de.
termine all objections which have been filed
by any party interested The Council shall
have power to adjourn such hearing from
time TO time and shall have the power. Ia
its discretion, to revise and correct. or to
set aside and order the remaking OF such
re assessment. and shall pass an ordinance
approving and confirming such re assess
ment as corrected and remade by IL, and
such decision shall he a final determination
/, OF the regularity, validity and correctness
or the reassess ment, except as herein 9th.
erwlse provided. When said re-assessment
Is completed and confirmed 1t shall be en-.
| tered In the Docket Of City Liens and shah
! be enforced and collected In the same man
ner that other assessments for local i'm.
provements are enforced and collected un.
| der this Charter and the laws governing
| the city. All sums paid upon the former
| assessment shall be credited TO the property
| on account OF which the same were paid.
as of the date of such payment. And when
| IL has been attempted 10 sell property for
| any assessment and such sale Is found oy
declared void upon the making Of the re.
| assessment the property shall b. rcsold and
/ the proceeds OF such sale shall DO paid 10
| the purchaser at the former void sale os
| his assigns. But no proceedings shalt b.
| Instituted for such re-assessment uniess
within ten years OF the passage OF the reso-
| lutiop OF intention for the making OF ths
| original work, Improvement or repair.
This notice il published pursuant 20 or
| der OF the Common Council, the first pub.
lication hereof being made March 10. 1914.
] Dated Pendletou, Oregon. March IA.
| 1914.
TuoS FITz GERALD.
CITY Recorder