East Oregonian : E.O. (Pendleton, OR) 1888-current, 1914-04-09

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 It's 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
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 re-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
or 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 Ii Il
made; but the Council may adopt diff.
ferent plan Of apportionment of benefits,
when In Its Judgment essential. to secure
an equitable reassessment- 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 TINS 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
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 the
district that has been or will be, benefited
py the Improvement for which the re-as.
sessment is to be or shall be made, and
snali direct the Recorder or City Engineer
10 prepare a preliminary re-assessment up
on the property included therein within a
time to be fixed by said resolution IIpop
the passage of such resolution the Recorder
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 Pendeton. that
, such re-assessment is on file in his office
giving the date Of the passage OF the reso
iution directing the making Of the same
and the time at which the Council will hear
and consider objections to said reassess.
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
isnd. affected by such re-assessment or 10
his agent. IL the postoffice address OF either
be known to the Recorder. 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 PendIe-
ton Oregon. The owner or owners OF any
, property which Is assessed on such re- as.
sssssment, ssa, or any person having an interest
1 fon do -. L..
publication herein provided file with the
| recorder their objections In writing TO such
| re-assessment. At the time appointed In
sucn notice the Council shall hear and de
| termine all objections which have been filed
py any party interested. The Council shall
| nave power to adjourn such hearing from
| time to time and shall have the power, In
lts 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 ASSESS,
ment as corrected and remade by H. aud
such decision shall be IA final determination
o, @ the regularity, validity and correctness
OF the re-assessment. except herein 9th.
erwise provided. When said re-assessmene
Is completed and confirmed Il shall be en-.
tered In the Docket of City Liens and shall
DC enforced and collected in the same man
ner that other assessments for local I'm.
lprovements 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
1t has been attempted TO sell property for
any assessment and such sale Is found or
declared veld. upon the making Of the re-
! assessment the property shall BE- resoid and
the proceeds OF such sale shall he paid n
the purchaser Mt the former void sale OF
his assigns. But no proceedings shall b
instituted for such re assessment unler,
within ten years OF the passage Of the reso
luton OF Intention for the making Of IN.
original work. Improvement or repaIr
This notice Is published pursuant 10 or
der Of the Common Council the first puh
llcation hereof being made March ia. foii
Dated Pendleton, oregon, March ia
; 1914.
THos FIrz GERALD.
City Rscofds,