East Oregonian : E.O. (Pendleton, OR) 1888-current, 1914-03-26

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-assessr
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 fe-assessment shall be
based upon the special and peculiar bene-
fit of such improvement to the respective
parcels or 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 1t Is
made: but the Council may adopt a dif
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 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
10 sueh 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
deiective, whether such irregularity or de.
rect be jurisdlctional or otherwise Such
7 y an : 90 Ctrfn hail l.
street Improvement wherein remou,
STRANGE sufficient In law to defeat the Or
iginal improvement shall have been filed
The Council shall by resolution declare tina
elstriet that has been or will be, benefited
Dy the improvement for which the re-as,
sessment is TO be or shall be made and
snail direct the Recorder or CITY Enrineer
TO prepare preliminary re-assessment up.
on the property included therein within a
time 10 be fixed by said resolution. IInon
the passage of such resolution the Records
shaii, as soon thereafter as such re-asses,.
ment is prepared, give notice BY ten sue.
cesslve publications in some daily newspa
per published In The City of Peudieton tb.,
such re-assessment Is on file In his office.
giving the date Of the passage of the reso'
lution directing the making of the same
ana the time at which the Council will hear
anu consider objections TO said re-assess-
ment by parties aggrieved thereby, and
warning such persons not to depart untD
such re-assessment has been completed. Tbs
recorder shall forthwith mail TO the own.
er OF eaeh lot or part thereof, or tract os
isnu, ailected by such re-assesxment, or "a
MS agent, II the postoffice address OF either
De known to the Recorder, a notice Of auch
re-assessment. and IL such postoffice ad
9fess pe unknown, then such notice shall BE-
uirected TO such owner or agent at PentIle-
ten, Oregon. The owner or owners ~ an
property which is assessed on such "a 40
sessment, or any person having an interest
therein, may within ten days from the last
puoucatlon herein provided, file with tho
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 filea
" any party interested. The Council shah
nave power to adjourn such hearing from
time TO time and shall have the power. In
IT'S discretion. to revise aud correct. or 4,
SET aside and order the remaklng OF such
reassessment' and shall pass an ordlnance
approving and confirming such re assesa
ment as corrected and remade by n ana
such decision shall be final Determination
OF the regularity. validity and correctness
W tne re-assessment, except as hereiu 9th
erwise provided. When said re assnsSman,
Is completed and confirmed IL 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 nm
der this Charter and the laws goycrnInv
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
lt has been attempted 10 sell property FOR
any assessment and such sale is found or
declared void. upon the making OF the re-
assessment the property shall be resold and
the proceeds OF such sale shalt be pali 10
inc purchaser at the former void sals or
~ ms assigns But no proceedings shall be
instituted for such re-assessnent unlet.
within ten years OF the passage OF the rese-
luion OF Intention for the making OF m,
ORIGINAL work. Improvement or repair
This' nodce ~ published pursuant 10 or.
ger ger Hr the Common Council the first pnt,.
lioation hereof being made March ia iDis
1914. i''
Tiios FIrz GERALD,
CITY Recorder.