58 P. 353 | Or. | 1899
after stating the facts, delivered the opinion of the court.
Now, under sections 98 and 99 of the charter, no improvement of a street could be undertaken or made without ten days’ notice thereof first having been given by the auditor, by order of the council, in some daily newspaper, specifying with convenient certainty the street or part thereof proposed to be improved, and the kind of improvement to be made. And section 100 provides that, “within ten days from the final publication of such notice, the owners of more than one-half of the property adjacent to such street, or part thereof, as the case may be, may make and file with the auditor a written remonstrance against the proposed improvement, grade, or alteration thereof, and thereupon the same shall not be further proceeded in or made ; and any improvement so defeated by remonstrance shall not be again proposed for six months, except on petition of two-thirds of the property to be affected thereby. ’ ’ These sections provide the procedure in case of an improvement, and as, under section 125, a “repair” is to be deemed an “improvement” whenever the council declares that it shall be at the cost of the adjacent property, it necessarily follows that in. such case the same notice is required, and the