East Oregonian : E.O. (Pendleton, OR) 1888-current, 1914-03-24

ment, which has been or may hereafter be
made by the City, has been or shall here
after be set aside, annulled, declared OF
rendered void, or Its enforcement refused
by any court Of this state, or any Federal
court having jurisdiction therein, whethe-
directly or by virtue Of any decision Of such
court, or when the council shall be In d0ubS
as TO the validity Of such assessment, o.
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 fnit
value thereof. Such Se-assessment shall b.
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 It Il
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 shaisy
become charge upon the property rpoc
which the same Is laid, notwithstanding the
omission, failure or neglect of any officer
body or person to comply with the provisions
or 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 oe
defective, whether such irregularity or Dr.
feet be jursdictional or otherwise. Such
| re assessment shall not be made In case OF
street improvement wherein a remon-
stranee 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 reas-
sessment Is TO be or shall be made, ana
snail direct the Recorder or City EngInse>-
TO prepare preliminary re assessment ur-
| on the property included therein within s
time TO be fixed by said resolution. Upoe
the passage OF such resolution the Recordec-
snail 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. thar
( such re-assessment Is on file In his office
giving the date OF the passage OF the reso-
I tuition directing the making of the same
and the time at which the Council will hear
and consider objections TO said re-assess
rnent by parties agyrleved thereby and
warning such persons not to depart until
| such re-assessment has been completed Ths
Recorder shall forthwith mail to the OWE
er or each lot or part thereof or tract OF
iand, affected by such re-assessment, or to
mis- agent, IL the postoffice address OF either
be known TO the Recorder, a notice OF such
re-assessment, and II such postofflce ad.
dress be unknown, then such notice shall b,
directed 10 such owner or agent at peudle-
1 tch, oregon The owner or owners OF any
| property which Is assessed on such re as
| sessment or any person having an interest
| therein, may within ten days from the lass
publ,cation herein provided. file with the
Recorder their objections In writing to such
| re assessment At the time nppointed IN
such notice the Council shall hear and de,
termine all objections which have been filed
by any party interested. The Council shall;
nave power TO adjourn such hearing frou.
time to time and shall have the power, in
lts discretion. 10 revise and correct or To
set aside and order the remaking OF such.
reaSsessment. and shall pass an ordinance
approving and confirming such re assess
ment as corrected and remade by &C. and
such decision shall be final determination
OF the regularity, validity aud correctneRn
lot the reassessment, except as herein 9th
erwise 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 10 the property
on account OF which the same were paid
as OF the date OF such payment. And when
II has been attempted 10 sell property t0-
any assessment and snch sale Is found o.
declared void, upon the making Of the re-
assessment the property shall BE- resold and
the proceeds OF such sale shall be paid 10
the purchaser at the former void sale oe
his assigns. But no proceedings shah b.
instituted for such re asaessment unlsas
within ten years OF the passage " the re-o.
lution OF Intention for the making " tho
ORIGINAL work, Improvement or repair
This notice II published puryuaft 10 or.
der OF the Common Corncll, the fligt pub
licatlon hereof being made March ~. 1914.
Dated Pendleton, Oregon. March 10.
Il TuOs FITZ GERALD.
CITY Recorder