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HomeMy WebLinkAboutOrdinance 350 y, Original ardinaace Not in file. CIRMS 90 350 AS ORDIXUCZ P=TllINC. FOR TRZ WASMT OF PSE;; Cly Ta 00ST or U#WvW'X`T ONUT RrO AY, I$ M 01T'r ,I0AINST M, AM OY TT ;ABC;TTTihG � TH , 4 ', 'T) T IR Y �ANIT XWR 11 ®AUDITICSE I��T�K B 1 B I'd TTI Gf�l0IX4 ASB T OR, he ANY IIE. 1 P ESB To B.a1D IW7 : 'T. IT;'asulta S'Y Tim BOAM of Q E;IS$IQ ; 011 TFS CI^"Y OF FORT SXOTION 11 That when ever woAor the terms of the Charter of said City, it shall be determined Haat an error, mistake or invalidity exists in any proceedings with reference to improvements of any highway in ;this city heretofore ordered, or which may hereafter Us ordered to be improved pursuant to the Charter and Ordinances of this City, or that aeny saif proceedings or any assessment or any part ofthe costs of such improvements against any osnaer of property abutting thereon, or their property Is erroneouel, Invalid, or 111 ]., the Board of, Commissioners shall correct such error, invalidity, miste,ke, iraredularity, or ills ityN, and when it leas bass so determsis ad that ama sach prop,+o lr,hew;been omitted from assessment, or that there is any such invalidity, error, mistake, or irregularity, or ills alityr In the assessment of any such owner or his pro- party or in the proceedings ,prior thereto, mesh reference to suuoh improvement, the hoard of Commissioners shall reassass + test suoh owner or owners and their ` property, such proportion of the said cost of the said improvements as stall by ttwe said $,card of Commissioners be determined to be justly, and lawfully; payable by them, and in accordance with the proceedings with reference to said improvempat# provided that in no case shall any amount be assessed against any such owner or his property in eacoess $f the=special benefit to his property in the enhanced value theseaf byr, „s of said Uprovesemto i dTIC , That 'before ;any such reassessment stall be made, the Board of Commissioner* shalh, by resolution, declare the necessity thereof, and the name or names of the than owners of property affected bbereby, and a desoriptmon of the property proposed to be reassessed by lot or block number, front feet, or my descriptionsufficiently Id+entifving same, and shall in general harms, state the nature of the defects, Irregularities# or illegalities to be corrected, and the total amount, and amount per front afoot of property proposed to be reassessed 4 Inst each of said owners, said resolution stall set a time and page 2� Ordinance,No.3W place for which a hearing shall be given before, said Board to said Owners, their agents or attorneys, or any interested party, and shall direct the City Secretary to p4bllsb, a true copy of said resolution for the time and in the manner as provided In the Gity Charter of said City, ftr giving notice to property Owner* with reference to an original, asaisosment of their property for Improvement of highways in said City, and the terms of the said Chatter as to the giving of such original notices shall, govern and control the form and method of giving notice, in proceedings under this ordinance. SIDTICK & When notices, has been given as borain provided, at the time and place mentioned in the said resolution referred to in the last proceeding section, a fV11 and fair hearing shall be given by the Board of Commiesioners to the owners of property, proposed to be reassessed, their a4pats or attorneys, or any Inter- ested parties, at which hearing any objection ro said reassessment Msy be pre- seated It writing and witnesses may be sulpoonsdU4 evidence produced, and the special benefits, of rsaid Improvements Inquired Into and determined or contested. Said hearing may be continued by the So*rd. of Commissioners from day to day, and tins to time *ithout further notice, until all have been fally heard., and when said hearing has been concluded, the Board of Commissioners owl determine from the evic,,once before It, the amount, if any, which shall be reassessed against any owner and his property, and shall corvact all errors and mistakes or Ivregalaxities in the proceedings, before bad with reference to said improvements, and shall, by ordinance make said reavoiessment. SubJect to the terms hereof the amount to be reassessed against *6-04 owner and his property shall be In accordance with- the front foot plan, or role, in proportion as the forat feet of property of each owner to be reassessed is to the total frontage of'Property abutting on the highway or portion thereof Improved. But, if In the opinion of the Board of Commissioners the strict application of this rule would in any particular case "salt In inequality or justice, thou such rule sof apportionment shall be adopted as will in the opinion of the Board provide substantial jvmtIoo ,Az4 equality, taking Into consideration the burdens imposed upon owners df property Abutting upon the Improvement, and the special benefits received, by tUem# Page 3- Qrdinanos No. 360. Said reassessment ordinance shall provide bat the amounts reassessed shall be pa able In the ;same manner and at the same rats ;of interest upon ; deferred ts,; as may have been providsd in the original assessment ordiasnce passed with reference to such improvement, provided Haat if under` the terms of said origin ordinance any inetallmeetm assessed aiplust pro petty owners lie already bsropc+nle due, them the said reaesessaasat ordloanaer mil provide that a like proportion of the:amount reassessed shall 'be paid in cash, and the minder shall fall due at the due date as provided in said, ,stigmas, ordinance. Said ordinasoe 4' reassessment 0411 provide:fiat amounts reassessed., together with interest an* cost of collection and reasonable attorneys fees whom incurred, shall be secured by a first and prior lion upon the property' a.golust which they are reassessed, superior to all other liens, claims or titles, except lawful adv'aloreo tax", and that the was so reassessed shall constitute a personal liability of the owner of the property against which said: reassessment shall be made. Said ordinance shall also provide for the issuance of assignable certifi- cate* against thsr ;property reassessed end its owners, for the ssforecement of said 11"toolsoonts in the same memner provided in said original assesment- ordinance.; Si TION 4 That this ordinance shall talcs effect from and anter its passage. Adopted January 11, 1,913 Ordinance Book p- Fags $11.