East Oregonian : E.O. (Pendleton, OR) 1888-current, 1914-03-21

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 <e-assessment shall b.
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
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 Ia
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 10 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 aud 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 d..
feet be jurisdictional or otherwise Such
re assessment shall not be made In case or
a street Improvement wherein remon.
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
by the Improvement for which the re-as-
sessment Is to be or shall be made. and
shall direct the Recorder or City Enginee,
to prepare preliminary re-assessment NJ
on the property included therein within a
time to be fixed by said resolution. Upon
the passage OF such resolution the Reoordse
shali 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 Pentlleton, that
such reassessment 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 pnti@
I'll.
Recorder shall forthwith mail to the own
er OF each lot or part thereof or tract o.
land. affected by such re-assessment, or to
MS agent, IL the postoffice address OF either
re-assessment. and IL such postoffIce adL
dress be unknown, then such notice shall be
directed TO such owner or agent at Pendl,.
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 TO such
re-assessment, AT the time appointed la
such notice the Council shall hear AMI IA.
termine all objections which have been filed
by any party Interested The Council shall
nave power to adjourn such hearing from
time to time and shall have the power. In
Its discretion. to revise and correct or 10
set aside and order the remuking OF such
re-assessment, and shall pass an ordinance
approving and confirming such re-assess
ment as corrected and remade by IT, ana
sucn decision shall be final determination
OF the regularity. validity and correctness
or the re'assessment except as herein 9th,
erwtse provided. When said re e-assessment
Is completed and confirmed Il shall be en-.
tered In the Docket OF City Liens and shall
be enforced and collected In the same man.
ner that other assessments for local I'm.
provements are enforced aud collected un.
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 paid
as OF the date Of such payment And when
IL has been attempted to sell property for
any assessment and such sale IL found or
declared void, upon the making OF the re-
assessment the property shall b. resoll nnd
the proceeds OF such sale shall be paid to
the purchaser at the former void sale os
his assigns But no proceedings shall bs
instituted for such re-assessrnent unless
within ten years Of the passage of the reso-
- N 4 ts.ss ~
ORIGINAL work. Improvement or repair.
This notice Is published pursuant 10 or.
der OF the Common Council. the first pub
ication hereof being made March 10. 1914
Dated Pendleton, Oregon. March lg.
Tilos FiTZ GERALD,
City RscoIdss.