East Oregonian : E.O. (Pendleton, OR) 1888-current, 1914-04-08

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 douhr
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
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 dif-
ferent plan of apportionment of benefits
when In Its judgment essential, to secure
an equitable re-assessment. The proceed
ngs 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
OF this Charter connected with or relating
10 such Improvement and original assess
ment ana 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
de1ective, 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
by the Improvement for which the ress-
sessment Is TO be or shall be made and
shall direct the Recorder or City Enginee,
TO prepare preliminary re assessment I'D
on the property included therein wsthin .
time to be fixed by said resolution. Upon
| the passage Of such resolution the Recorsia r
snail, as soon thereafter as such re-assesy-
ment Is prepared, give notice by ten sue.
cessive publications in some daily newspa-
| per published in The City OF Pendleton 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
and the time at which the Council will hea
anu anu consider objections to said re-assess-
ment by parties aggrieved thereby, ana
warning such persons not to depart until
such re assessment has been completed This
Recorder shall forthwith mail to the own
er OF each lot or part thereof. or tract OF
| land, affected by such re assessment or IA
mis- agent IL the postoffice address OF either
| De known to the Recorder, a notice Of such
re assessment. and II such postoftice al
dress be unknown, then such notice shall be
airected TO such owner or agent at Pendle-
ton, oregon, The owner or owners OF anv
property which Is assessed on such re- as.
sessment, or any person having an interest
therein. may within ten days from the lAsi
Puoication herein provided, file with the
recorder their objections in writing to such
re assessment. At the time appointed in
such notice the Council shall hear and de-
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, 10
Its discretion. 10 revise and correct, or TO
set aside and order the remaklng OF such
re-assessment, and shall pass an ordinance
approving and confirming such re-assess
ment as corrected and remade by tt. and
such decision shall be final determination
or the regularity, validity and correctness
tot 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 shall
be enforced and collected In the same man.
ner that other assessments for local I'm
lprovemeuts 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 such payment And when
: IL has been attempted TO sell property for
any assessment and such sale Ia found os
, declared void, upon the making OF the re-
! assessment the property shall be resold and
the proceeds Ot such sale shall be paid 20
tho purchaser az the former void sale o.
: HIS assigns. But no proceedings shall ~,
Instituted for such e-assessment unless
, within ten years Of the passage OF the resn.
luton OF lntentlon for the making Of the
original work. improvement or repair
: This notice Is published pursuant 10 or.
der of the Common Council the frat pub
iicatlon hereof being made March 10, 1914
Dated Peadleton, Oregon, March 10,
/. 1914.
I TiIos FIrz GERALD.
City hScordsr.