East Oregonian : E.O. (Pendleton, OR) 1888-current, 1914-03-25

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, o.
any part thereof, the council may, by orti.
nance, make new assessment, or re e-assese-
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 fufs
value thereof Such Seassessment shall BE-
based upon the special and peculiar bene-
tit 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 In accordance
with the law in force at the time IL IN
made; but the Council may adopt 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 "a,
sessment shall not be required to be taken,
or had within the intent OF this Section
Such re-assessment shall be made and shah
| 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
reassessment shall not be made In case OF
a street Improvement wherein a remon.
strance 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
by the improvement for which the re as.
sessment Is TO be or shall be made, and
shall direct the Recorder or City Enginees
| TO prepare preliminary re-assessment uS.
| on the property included therein within q
\ time TO be fixed by said resolution. UpoH
the passage OF such resolution the Recorder
snail. as soon thereafter as such re-a ssesss.
ment Is prepared, give notice by ten sue.
cessiye publications In some daily newspa
/ per published in The City of Pendleton, tha,
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
ana consider objections to said re-assess.
ment by parties aggrieved thereby, and
warning such persons not to depart until
1
| Recorder shall forthwith mail to the own,
| er or each lot or part thereof. or tract OF
lsnd affected by such re-assessment or 70
his agent, II the postoffice address Of either
be known to the Recorder a notice OF such
re assessment. and IL such postoffice aa
dress be unknown, then such notice shall be
directed 10 such owner or agent at pepdle-
ten, 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 10 such
re assessment; AZ the time appointed Ia
such notice the Council shall hear and de-
termine all objections which have been filed
/ py any party Interested. The Council shall
/ have power to adjourn such hearing from
time to time and shall have the power. In
! Its discretion. to revise and correct or IN
set aside and order the remaking OF such
re assessment, and shall pass an ordinance
approving and confirming such reassesa
ment as corrected and remade by H. and
such decision shall be final determination
| of the regularity. validity and correctnesa
! OF the reassessment. except as herein 9th
| erwise provided. When said re e-assesSmen,
| is completed and confirmed Il shall be en-.
,ered IN the Docket OF city Liens ana shall
be enforced aud 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 BE- credited 10 the property
| ON account OF which the same were paid
as OF the date OF suck payment. And when
II has been attempted to 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 ana
the proceeds OF such sale shall b. paid TO
the purchaser at the former void sale or
his assigns. But no proceedings shall bs
instituted for such reBssessment uuiezs
within ten years OF the passage Of tho r.so.
| iutiop OF Intention for the making Of the
| ORIGINAL work. lmpr ovement or repair
This notice Is published pursuant 10 or.
| der OF the Common Council. the first pub
/ llcation hereof being made March 10. 1914
Dated Pendleton. Oregon. March Ia,
1914.
| THoS FITz GERALD,
City Recorder.