The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1916-08-10

SuCh bonds next thereafter maturing,
and in computing the amount of special
assessment to be levied against each
lot, piece or parcel of land liable
thereof. interest thereon at the rate of
Seven % per cent per annum, from
the date of issuance of said bonds UNI
til the maturity of the installments of
bonds not thereafter maturing shall be
included. Such assessments shall be
made upon the property chargeable for
the costs of such improvements re-
spectively and shall be levied and col
lected in the same manner as pro-
Vided by the law and the Ordinances in
this City for the levying and collect
ing of special assessments for such I'M
provement where no bonds are issued,
except as otherwise provided by this
Ordinance. The basis of such assess
ment whether upon such assessed val
uation frontage or otherwise liable for
such costs, shall be retained for the
assessment of succeeding installments
Of said bonds.
Section IT. The owner of any piece
of property in said Local Improvement
District No. 5 liable for any special
assessment herein provided, may re-
deem such property from such liability
by paying the entire assessment
chargeable against his property ac-
cording to said assessment roll (upon
the City Clerk having published
printed notice In three (3) consecutive
issues of the official weekly newspaper,
which notice shall state the time for
payment to begin and the time for
payment to close, the last day of said
notice to be not less than thirty 500
days before the issuance of the bonds),
or after the issuance of the bonds by
paying all the installments of the as
sessments, which have been levied and
also the amount of unlevied install
ments with interest on the latter at
the rate of Seven Cd per cent per
annum, from the date of issuance of
the said bonds to the time of maturity
of the last installments in all cases
where said installments of the said
assessment are not yet levied and
paid as above provided whether before
or after the issuance of the said bonds,
the same shall be paid to the City
Treasurer, who shall receipt therefor,
and all sums so paid shall be applied
solely to the payment of said improve
ments or the redemption of said bonds
issued therefor.
Section Is. When any piece of said
property in said Local Improvement
District No. 5 has been redeemed from
liability for the said cost of said i'm
proVements as herein provided, such
property shall not thereafter be liable
for further special assessments for the
costs of such improvements except as
hereinafter provided.
Section 10. No suit to set aside the
said special assessments or to enjoin
the making of the same shall be
brought, nor any defense to the vail
dity thereof be allowed after the ex-
piration of thirty (30) days from the
time the amount due on such lot or
piece of land in said Local Improve
ment District No. for such assess
ment Is ascertained and confirmed by
the City Council. The funds arising
from such assessments shall be ap-
piled solely toward the redemption Of
said Improvement bonds of said Local
Improvement District No. s.
Section 20. Said improvement bonds
when issued TO the contractor con-
structing the said improvement in
payment thereof, or when sold as
above specified, shall transfer to the
contractor or other owner or holder
all the right and interest of said City
in and with respect to each of said
assessments, and the lien thereby
created against the said property of
said owners assessed, If they shall not
have awaited themselves of the said
provisions of this Ordinance in regard
to the redemption of their property as
aforesaid, shall authorize said con-
tractor and his assigns and the owners
and holders of such bonds, to receive,
sue for and collect or have collected
such assessments embraced in any of
said bonds or through any of the
methods provided by law, for the COL
lection of assessments for local i'm
lprOVements.
Section 81. If the City shall fail,
neglect or refuse to pay said bonds, or
to promptly collect any of such as
sessments when due the owner Of any
of said bonds may proceed in his own
name to collect such assessment and
foreclose any lien thereof in any
Court of competent jurisdiction and
shall recover in addition to the amount
of said bonds and interest thereon,
five go per centum, together with the
costs of such suit, including a reas-
enable sum as attorneys fees.
Section %. If any of said special as
sessments for said local Improvements
against any of said property, persons
Vi CUIpOTdLlOlS III Sdlu IOCdl LII
provement District No. 5 have failed
TO be valid in whole or in part for
want of form or sutficiency, informal
ity or irregularity, or non-conform-
ance with the provisions of law gov
erning such assessments the City
Council shall be, and they are hereby
authorized to reassess said special tax
assessments and to enforce their COL
lection in accordance with the provi-
sions of law existing at the time the
reassessment is made and 1t is fur
Their provided that whenever for any
cause, mistake or inadvertence, the
amount assessed shall not be suffi-
cient to pay the costs of the improve
ments in said Local Improvement
District No. 5, it shall be lawful and
the City Council Is hereby directed
and authorized to make reassessment
on all the said property in said Local
Improvement District No. S sufficient
to pay for said improvements, said
reassessments to be made and collected
in accordance with the provisions of
the law or ordinances existing at the
time of its levy.
Section %. The holder of any
bonds issued under the provisions of
this ordinance shall have no claim
therefor against the City by which
the same was issued, in any event
except from the collection Of special
assessments made for the improve
ments for which said bonds were is
sued, but his remedy in case of non
payment shall be confined to the en-
| forcement of such assessment: a COPY