East Oregonian : E.O. (Pendleton, OR) 1888-current, 1914-04-01

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 Ye-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
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 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
sessmept shall not be required to be taken
or had within the intent of this Section.
Such re-assessment 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
a street Improvement wherein a 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 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
time to be fixed by said resolution. Upoo
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 Pendleton, tina Z
. 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 hea r
. and consider objections to said re assess.
: ment by parties aggrieved thereby. and
, warning such persons not to depart until
hSStcSththt
, Recorder shall forthwith mail to the own.
er OF each lot or part thereof or tract OF
land, affected by such re-assessment. or TO
, his agent, II the postofflce address Of either
i De known to the Recorder. a notice Of such
r re-assessment and II such postoffice ad-
n dress be unknown, then such notice shall be
a directed TO such owner or agent at pendle-
!, ton, Oregon. The owner or owners Of any
' property which Is assessed on such reas-
!. sessment or any person having an interest
. therein, may within ten days fron the last
!, publication herein provided, file with the
. Recorder their objections In writing 20 such
re assessment At the time appointed in
such notice the Council shall hear and de.
N termiGe all objections which have been filed
q by any party Interested The Council shall
have power TO adjourn such hearing from
!. time to time and shall have the power, In
: its discretion. 10 revise and correct, or 70
a set aside and order the remaking OF such
n re e-assessment. and shall pass an ordinance
|. approving and confirming such re assess
n ment as corrected and repade by II, and
). such decision shall be final determination
" OF the regularity. validity and correctness
OF the re-assessment. except as herein 9th.
erwise provided. when said re assessment
is completed and confirmed Il shall be en-.
tered In the Docket OF City Liens and shall
e be enforced aud collected In the same man.
ner that other assessments for local i'm.
provements are enforced and collected uu.
I der this Charter and the laws governing
l. the city. All sums paid upon the former
, on account OF which the same were paid.
y as OF the date OF such payment And when
'r IL has been attempted to sell property for
= any assessment and such sale Is found or
r, declared void. upon the making OF the re
h assessment the property shall BE- resold and
y the proceeds OF such sale shall be paid Ia
the purchaser at the former void sale or
y his assigns. But no proceedings shall b.
instituted for such re assessment unless
10 within ten years OF the passage of the reao-
luton OF Intention for the making % the
4 original work, Improvement or repair
'e This notice Is published pursuant 90 or,
'e der Of the Common Council, the first pub
lication hereof being made March 10. tDlA
Dated PendletOn, Oregon. March IS
!, 1914.
II THoS FITZ GERALD.
e City Recorder