East Oregonian : E.O. (Pendleton, OR) 1888-current, 1914-03-20

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 Se-assessment shall be
based upon the special and peculiar hene-
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 inyaccordance.
with the law In force at the time 1t ia
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 shalt
become a 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
a street Improvement wherein remoos
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
oy the Improvement for which the reas.
sessment Is TO be or shall be made. and
shall direct the Recorder or City Engineer
to prepare preliminary re-assessment ur4
on the property included therein within Il
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 Pendletou, that
such re-assessment is on file in his office
giving the date OF the passage Of the reso-
tuition 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
Recorder shall forthwith mail 10 the own,
er or each lot OF part thereof or tract or
land, affected by such re-assessment or 70.
ms agent. II the postoffice address of either
be known to the Recorder, a notice of such
re-assessment. and If such postoffice adj
dress be unknown, then such notice shall be
directed TO such owner or agent at Pendle.
ten, Oregon. The owner or owners OF any
properly which Is assessed on such re as.
sessment. or any person having an interesr
) 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 do
, termine all objections which have been filed
: by any party interested. The Council shalt
have power to adjourn such hearing from
time to time and shall have the power, IN
Its discretion. TO revise aud correct or 10
, 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 II. and
such decision shall be a final determinutio
OF the regularity. validity and correctness,
OF the re-assessment, except as herein 9th
erwise provided. When said re assessnen,
Is completed and confirmed II shall be en-.
tered In the Docket OF City Liens and shall
9 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 b. credited 10 the property
on account OF which the same we're paid
as of the date of such payment And when
1t has been attempted to sell property foy
any assessment and such sale N found 90
, declared void, upon the making OF the re
. assessment the property shalt be resold ana
the proceeds OF such sale shall be pah to
the purchaser at the former void sale or
MS assigns. But no proceedngs shan b.
instituted Tor such re assessment unless
within ten years of the passage oe the reso
lutiou OF Intention for the making OF the
, ORIGINAL work, Improvement or repair
This notice Is published pursuant 10 or.
DER or the Common Council. the first pub
lcation hereof being made March 10. iOii
Dated Pendleton. Oregon, March IA.
> 1914.
~ THos FIrz GERALD
City flseordsr.