East Oregonian : E.O. (Pendleton, OR) 1888-current, 1914-04-07

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 a new assessment, or reassess-
ment, upon the lots, blocks or parcels oc
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 4
amount Of such original assessment. In-s
terest thereon from the date of deiinquency
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 1t 10
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 reassessment 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-
feet be jurisdictional or otherwise. Such
re-assessment shall not be made In case OF
street Improvement wherein remon-
STRANGE sufficient In law to defeat the OF.
lginal 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. and
shall direct the Recorder or City Engineer
TO prepare preliminary re-assessment up
on the property included therein within a
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 Pendieton, that
such re-assessment 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 os
land, affected by such re-assessment or to
his agent, II the postoffice address OF either
be known TO the Recorder. n notice Of such
re-assessment. and IL such postofflce ad.
dress be unknown, then such notice shall be
directed TO such owner or agent at Pendle-
ton, 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 last
publication herein provided, file with the
Recorder their objections In writing TO such
lre-assessment. AT the time appointed In
such notice the Council shall hear aud 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 70
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 IT, and
such decision shall be n final determination
; OF the regularity, validity and correctness
OF the reassessment. except as herein 9th.
erwise provided. when said re assessment
Is completed and confirmed K 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
lprovements are enforced and collected uu.
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 phi6
; 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 void. upon the making OF the re-
J assessment the property shall be resold ana
7 the proceeds OF such sale shall b. paid 10
the purchaser at the former void sale or
: his assigns. But no proceedings shall b-
Instituted for such re-assessment unless
0 within ten years OF the passage of the reso-
lutlon OF intention for the making OF tho
i original work. improvement or repair
e This notice Is published pursuant 70 or.
e der OF the Common Council. the fira. pub
lcatlon hereof being made March 10. 1914.
Dated rendleton. Oregon, March 10.
!. 1914.
Z THos F1TZ GERALD.
- City Recorder