The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1917-07-12


portion to the benefits derived by said
improvements; provided that the City
Council may expend from the general
fund for such proposed improvements
such sums, as in their judgment, may
be fair and equitable In consideration
of the benefits accruing to the gen
eral public by reason of such i'm
provements. When any work for the
improvements mentioned In this Sec
ton is done or made on one side Of
the center of said streets or alleys, the
lots or portions of lots fronting or
AUDITING on that side only shall be
assessed to cover the expenses Of said
work according to the provisions of
this Ordinance. Whenever the ex-
pense or cost of work shall have been
assessed on any land the amount Of
said expense shall become a lien up
on said lands, which shall take the
precedence of all other liens and
which may be foreclosed in accord
ance with the provisions of the Code
OF Civil Procedure OF the State Of
Idaho.
Such suit shall be in the name of
the City of Wallace, as plaintiff, and
in any such proceedings where the
court trying the same shall be salts
fled that the work has been done or
material furnished which according to
the true intent of this Ordinance
would be properly chargeable upon
the lots or lands through or by
which the said streets and alleys inn
proved may pass a recovery shall be
permitted or a4charge enforced to the
extent of the proper portion of the
value of the work or material which
would be chargeable on such lots or
lands, Notwithstanding any informali-
ties, Irregularities or defects in any
of the proceedings of the City of Wal
lace, or any Of its officers.
Section 5. The expenses of all i'm
provements in the space formed by
the junction of two or more streets,
or wherein one main street termin-
ates In or crosses another main street,
and also all street crossings or cross
walk shall be paid by such City.
Section 6. That the entire inn
pfovement work and all material fur
nished for the completion of said i'm
provement work In said Local I'M
provement District No. Z, shall be un-
der the control, direction and SUPERB
vision of the City Council Of the City
of Wallace and City Engineer of the
Esaid City.
Section Z. That upon the passage
of this Ordinance or at such later time
as the Council may determine the
street and alley committee Of the City
Council. together with the City En-
gineer shall make out an assessment
roll according to the provisions of
roll shall contain a list of all the pro-
perty fronting or abutting on the said
streets and alleys to be improved and
within said improvement district, to-
gether with the name # the owner
or owners, of all properly lots, pieces
and parcels of lands which are assess
ed If known, the description of each
lot, piece or parcel of property, the
amount Of assessment levied upon
each lot, piece or parcel Of land, and
said assessment shall be made to COW
fer the costs and expenses of said inn
provement in said district in proper
ton to the number Of feet of such
lands and lots fronting or abutting on
said streets and alleys to be improved,
or abuttlng on. contiguous or tribu-
tary thereto and included in said i'm
provement district and in proportion
to the benefits derived by said i'm
provements; which said assessment
roll when completed shall be certified
to the City Council of said City by
said committee on Streets and Alleys
and the said City Engineer.
Section 8. Upon receipt of said as
notice by three successive publica-
lions in the official newspaper of the
said City, that said assessment roll Is
on file in his office, the date of filing
the same, and said notice shall state
a time, at which the City Council will
hear and consider objections to said
assessment roll, by the parties ag-
grieved by such assessments.
The owner or owners of any prop
erty which is assessed in such assess
ment roll, whether or not named in
such roll, may within ten Q0) days |
from the last publication provided |
herein, file with the Clerk his objec-
ton In writing to such assessment, or
any portion thereof which said objec-
ton shall be definite and specific as
to the property and piece of property |
included in said assessment roll to |
which objection is made, as well to
the specific ground or grounds of such |
objection.
Section g.. That at the time APP
pointed by the City Council for the
hearing of the said objections to such
assessments, as set forth in said as
sessment roll. the said City Council
shall hear and determine all obiec-
tons which have been filed by any
party interested as to the regularity Il
OF the proceedings in making such as
sessment and to the correctness of
such assessment, or amount levied
upon any particular lot or parcel of
and, and the Council shall have
power to adjourn such hearing from /,
lime to time and shall have power in
heir discretion to revise, correct,
confirm or set aside ssuch assessment |
md to order that such assessment be ,
made de novo and said council shall s
BASS an order approving and confirm
ng said assessment as corrected by s
hem, and their decision and order I
hall be final determination of the
regularity, validity and correctness of t
aid assessment, to the amount there T
u levied on each lot and parcel of t
and 9
Section TO- Any such person who {
las filed objections TO such assess 9
nent or re-assessment as hereinbe- n
ore provided shall have the right to |
ppeal to the District Court Of the 8
'irst Judicial District of the State b
I Idaho, in and for the County of lii
hoshone. a.
Section II. Such appeal shall be e
AIKEN by filing a written notice of 81
ppeal with the Clerk of said City 81
'ithin ten Q0) days after such as T
essment or re-assessment roll shall n
ave been approved and confirmed by D
ne Council, and such notice shall de- 81
,ribe the property and the objections II
| such appellant to such assessment, 81
nd such appellant shall also file with Sc
le Clerk of the District Court afore- "
I'D within Twenty (20) days from 81