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2 ~9 ORDINANCE N0. 8793. An Ordinance declaring the intention of the CommonCouncil of the City of Eugene to make a reassessment of the cost of constructing a didewalk oa the south side of Viest Broadway between Polk and Tyler Street in the City of Eugene, as the same shall abut upon the north 199 feet of lot 1, in block 2, Lill's Addition to Eugene, Lane County, Oregon, and fixing a time and place for holding a meeting of the Common Council at which all protests against such reassessment shall be heard and directing the giving of notices. b'HEREAS, heretofore the City of Eugene by improvement Ordinance No. 8722 passed by the Common Council on the 9th day of March 1942, and approved by the Mayor on the 10th day of March 1942, cuased a sidewalk to be construc- ted on the south side of west Broadway between Polk and Tyler streets, and t°,WHREAS, upon the completion of siad walk the Common Council by Ordinance No. 877 passed by the Common Council on the 22nd day of November 1943 and approved by the N1~yor the 26th day of November 1943, caused assess- ments to be made upon the abutting rpoperty and particularly against the north 100 feet of lot 1, in block 2, Lillis Addition to Eugene, and said assessOment was made bayed upon a waiver siganed by Delbert N. Swanson and also a contract signed by Delbert N. Swanson waiving notice and asking that the sidewalk be built including engineering costs and authorizing the City to establish a lien against the north 100 feet of lot 1, in block 2, in Lill's addition to Eugene, Lane County, Oregon, and V,Ff3EREAS, The property at that time was owned by Delbert N. Swanson and Ella L. Swanson as tenants by the entirety and the said Ella L. Swanson filed to sign the waiver and agreement, and V~'HEREAS, The sidewalk has actually been constructed and the actual cost of such construction including the costs of inspection was and is the sum of X115.68 and interest from the date of said assessment, to-wit: November 26, 1943, and WHEREAS, the property at all times herein was owned by Delbert N. Swanson and Ella L. Swanson and because of failure to give her notice, and failure to pause her to sign the waiver and contract, the Common Council is of the opinion that such assessment as hereinafter set out is an illegal and doubltful assessment by reason of the irregularities in the manner of the assessment without notice to Ella L. Swanson, Now Therefore, THE CITY OF EUGENE DOES ORDAIN AS FOLLOV`JS: