East Oregonian : E.O. (Pendleton, OR) 1888-current, 1914-04-10

ment, which has been or may hereafter be
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 deubr
as to the validity Of such assessment, o.
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 Peassessment 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 IL is
made; but the Council may adopt a DIFF
ferent plan OF apportionment of benefits,
when In Its judgment essential, to secure
an equitable reassessment. 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 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
or 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
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
oy the improvement for which the re-as-
| 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 a
time to be fixed by said resolution. Upon
the passage or such resolution the Recorder
SHALL as soon thereafter as such reassess-
ment Is prepared, give notice by ten sue.
cessive publications In some daily newspa.
per published in The City OF Pendleton, that
, snch 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 hear
and consider objections to said rel assess
ment by parties aggrieved thereby, and
warning such persons not to depart until
such re assessment has been completed The
Recorder shall forthwith mail to the own
er or each lot or part thereof. or tract OF
isnd, affected by such assessment, or 10
MS agent II the postoffice address of either
be known to the Recorder, a notice OF such
re assessment, and II such postoffice ad.
dress be unknown. then such notice shall be
directed to such owner or agent at Pendle-
ton, 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
puoncation herein provided. file with the
Recorder their objections In writing TO sHch
re-assessment. At the time appointed in
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, iu
It's discretion, to revise and correct, or to
, set aside and order the remakiug OF such
: re-assessment and shall pass an ordinance
| approving and confirming such 70. assess
ment as corrected and remade by H. and
such decision shall be a final detcrminati tion
OF the regularity, validity and correctness
OF the re-assessment. except as herein 9th.
erwise provided. When said re assessment
Is completed and confirmed 1t shall be en-.
tered In the Docket OF city Liens and shall
e be enforced and collected in the same mnn-
ner that other assessments for local i'm.
provements are enforced and collected uD-
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 such payment. And when
IL has been attempted to sell property for
; any assessment and such sale II found or
I declared void upon the making of the re-
. assessment the property shall BE- resod and
y the proceeds Of such sale shall be paid to
the purchaser at the former void sale or
y his assigns. But no proceedings shall be
Instituted for such re assessment unless
o within ten years Of the passage ot the re~o-
lutl0n Of intention Tor the making % the
L original work, Improvement or repair
. This notice ls published pursuant 10 Or.
e der ot the Common Council the first pub
llcation hereof being made March 10. 1914.
. Dated Pendleton, Oregon, March 10,
!, 1914.
II THOS FITZ GERALD.
~ City Recorder