East Oregonian : E.O. (Pendleton, OR) 1888-current, 1914-03-17

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, 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 a 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 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.
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-
feet be jurisdictional or otherwise. Such
re assessment shall not be made In case OF
street improvement wherein a remon-
STRANGE sufficient In law to defeat the or
iginal Improvement shall have been filed
The Council shall BY resolution declare the
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 MP
on the property included therein within q
time to be fixed by said resolution. Upon
the passage of such resolution the Recordec
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 Pendieton that
such re-assessment Is on file In his office.
giving the date Of the passage of the reeo-
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
warming such persons not to depart until
4 AN-acc',cAhtnl
Recorder shall forthwith mail to the own,
er of each lot or part thereof. or tract OF
iand. affected by such re-assessment. or 10,
his agent. IL 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,
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 10 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, In
its discretion, to revise and correct. or 10
| set aside and order the remakiug 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 be n final determination
/ of the regularity. validity and correctness
| OF the re-assessment. except as herein 9th.
erwise provided. When said re assessment
Is completed and confirmed II shall be en-.
| tered in the Docket of City Liens and shall
be enforced and collected In the same man.
| ner thar 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 suck payment And when
II has been attempted 10 sell property for
any assessment and such sale IN found or
| declared void. upon the making OF tho re-
| assessment the property shall BE- resold and
the proceeds OF such sale shall be paid to
the purchaser at the former void sale
| his assigns. But no proceedings shall be
| Instituted for such re-nssesafDeHt unless
within ten years of the passage Of the reso.
luton OF Intention for the making Of the
ORIGINAL work. Improvement or repair.
This notice Is published pursuant 10 or.
der OF the Common Council the first pub
| licatlon hereof being made March 10. 1919.
Dated Pendleton, Oregon, March 30.
Tuos rITZ GERALD.
City Recorder.