Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1899-04-07
BUILDING AND REPAIRING SIDEWALKS
The Law Authorizing Municipalities to
Compel Property Owners to Build and
Ranair Sidewalks.

ana villages, reads as follows:
Section /. That whenever in the
opinion of the city council, or board of
trustees of cities. towns or villages hay
ing more than two thousand population,
the building, rebuilding or repairing of
any sidewalks along any street or ave-
nue. in any such city or town, may be
necessary, the said city council or
board of trustees, shall cause a notice
ordinance to be given to the owners or
persons in charge of the property, lot
or lots adjoining the sidewalk proposed
to be built, rebuilt or repaired, to build,
rebuild or repair the same, of, or with
the material, and of the dimensions and
within the time to be prescribed in such
order, and upon failure of such owners
or persons in charge to build, rebuild or
repair said sidewalk in accordance with
said order, then the said city council Or
board of trustees shall cause said side
walk to be built, rebuilt or repaired of
the material and dimensions specified in
the said order; and upon the completion
of said work the city council or board
of trustees shall by ordinance levy a
special tai upon the owners of the said
property, lot or lots adjoining the side
walk so built, rebuilt or repaired, to pay
the cost Of said work, specified in said
ordinance, and the same shall be a lien
upon the property, lot or lots adjoining
which the said sidewalk has been so
built, rebuilt or repaired from the date
of the completion Of the same.
Section 2. 1t shall be the duty Of the
city clerk, town clerk, or village clerk,
Immediately after the levy Of such spe-
cial tax to make out and certify a spe-
cial tax bill or bills in favor Of the per-
such work, and furnished the materials
therefor against the property, lot or
lots charged with such lien,. or against
the owner or owners thereof. The said
tax bill or bills shall bear interest at
the rate of u per cent from the time the
same is issued, and if not paid in six
months after such date, then at the rate
of IS per cent per annum until paid.
Section 3. All the tax bills issued un-
der this act shall be registered by the
city clerk, town clerk or village clerk,
in a book to be kept for that purpose,
and by him delivered to the parties in
whose favor issued, for collection, and
he shall take the receipt Of such party
therefor, in full for all claims against
the city, town or village on account of
said work and material. Each tax bill
shall contain a description Of the lots
parcels of land against which it is
issued, full and correct enough to iden-
tify the same, and the amount for which
the same is a lien upon said property,
and the name of the person in whose
favor the same is issued, together with
the number and title of the ordinance
levying such special tax
Section 4. That said special tax bills
shall be assignable and an action may
be brought in the name of the city, town
or village to the use of the holder there
of, many court of competent jurisdic-
ton, but the city, town or village shall,
in no event, be liable for any costs in
such action; and in any suit or pro-
ceeding to enforce the collection of any
such tax bill or bills, it shall only be
necessary for the owner thereof to
charge in the petition hat such an
amount is due by the defendant to the
plaintiff, for a certain improvement,
specifying the same, and that said tax
bill was issued by virtue of a certain
ordinance giving it's number, title and
date Of adoption only; and in case the
owner of any such property, lot or lots
is a nonresident, suit may be brought
as in other suits in rem against non
residents. Such special tax bills shall
in any action thereon be prima facie
evidence of the regularity of the pro-
ceedings for such special assessments
of the validity of the bill, of the doing of
the work and of the furnishing of the
materials charged for, and of the liza
bility of the property, to the charge
stated in the bill.
Section 5. In case the owner or own
ers of any of the property or lots ad-
Joining such proposed sidewalk, shall be
a nonresident and there shall be no
person resident in said city or town in
charge of the same, then the notice pro-
vided for in section J. shall be given by
posting in the most conspicuous place
upon the said premises a copy Of the
said notice.
Section 6. All acts and parts of acts
in conflict herewith are hereby repealed
and this act shall take effect and be in
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