East Oregonian : E.O. (Pendleton, OR) 1888-current, 1914-04-06

ment. which has been or may hereafter b.
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 sueA
court, or when the council shall be In dOuhr
as to the validity Of such assessment, or
any part thereof, the council may, by ordi-
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 Pe-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 it0
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 u
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
aefective, whether such irregularity or de-
rect be turisdictional or otherwise. Such
re reassessment shall not be made in case or
street improvement wherein remon-
STRANGE sufficient in law to defeat the or
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 re as
sessment Is to be or shall be made, ana
shall direct the Recorder or City Engines.
to prepare a preliminary re-assessment up.
on the property included therein within =
time to be fixed by said resolution Vnon
the passage OF such resolution the Recor3er
snail. as soon thereafter as such re- assess
ment Is prepared. give notice by ten sue
eessive publications in some daily newspa.
per published In The City Of Pendieton, that
such reassessment Is on file in his office
giving the date Of the passage OF the reso-
luton directing the making Of the same
ana the time at which the Council will hear
ana consider objections to said re assess
ment by parties aggrieyed thereby, ana
warning such persons not to depart uptIy
such re-assessment has been completed The
Recorder shall forthwith mail to the own
er OF each lot or part thereof, or tract OF
land, affected by such re-assessment. or IN
his agent, II the postofflce address OF eithev
De known to the Recorder, notice OF such
re assessment. and IL such postoffiee ad-
dress be unknown. then such notice shall be
directed TO such owner or agent at PendIe.
ton, Oregon. The owner or owners OF anv
I property which Is assessed on such re-as
sessment. or any person having an interest,"
therein, may within ten days from the lass
| 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 de
termine all objections which have been flleo
py any party Interested. The Council shall
nave power TO adjourn such hearing from,
time to time and shall have the power, jp
| It's discretion. TO revise and correct, or 10
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 II, ana
such decision shall be final determine tiof,
OF the regularity, validity and correctness,
OF the re-assessment, except as herein 9th.
| erwise provided. When said re.assessment
Is completed and confirmed II shall be en-.
| tered In the Docket OF City Liens and shaIf
| 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 goyernlnt.
the city All sums paid upon the forme-
assessment shall be credited TO the property
on account OF which the same were paid
| as OF the date OF such payment And when
II has been attempted to sell property fov
any assessment and such sale Is found OF
declared void. upon the making Of the re.
| assessment the property shall be resoid ansf
the proceeds Of such sale shall BE- paid To
the purchaser az the former void sale o~
his assigns. But no proceedings shsn be
| instituted for such re.assessment nni~es
within ten years or the passage OF the rero
lutiop OF Intention for the making OF the
ORIGINAL work. Improvement repair.
This notice II published pursuant 10 or.
der OF the Common Council the first pub.
llcatlon hereof being made March 10. 1914.
Dated Pendleton. oregon. March is.
1914.
THoS FITZ GERALD.
City Recorder