Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1910-12-20
MEETING
TO CONSIDER
PAVING
City Attorney H. ], Collins Sub
mitS Detailed Opinion to City
Council on Much Discussed
Civic Improvement,

Complying with the request of the
city council at a former session, CITY
Attorney II. ]. Collins last night pre-
scented To the council a detailed opin-
! ion with reference TO the right of the
city of Albuquerque to have paved
streets. The opinion goes into the
matter quite extensively and discusses
the different phases OF the question
from both a legal and practical
standpoint.
II Is understood that the proposed
paving district will include all prop
erty abutting First street between
Coal and Tijeras avenues; on Second
street between silver and Copper;
on Fourth street between Silver and
Tiieras; on Fifth street between Sill
yer and Copper; on Gold avenu be-
tween First and Fifth; on Central
avenue between Broadway n SIXTH
and on Copper venue between First
street and Fifth venue
Mayor f.. IL. Lester suggested last
night that the paving question was
one of such magnitude that 1t should
be considered at a special meeting OF
the council. This was agreed to and
after Mr.. Collins report had been
read for the information of the alder
men, il went over until the special
meeting. The opinion by Mr.. Collins,
which is worthy Of the careful perus-
al of property owners and others in
terested in paving, is in full as fol-
lows.
To the Mayor and City Council of the
City of Albuquerque, N. M:
Gentlemen: During the year 1908
the city council, of this city, called
upon me. as city attorney, for an
opinion relative to the right of the
citv to pave it's streets under the then
existing laws, and /. at that time, fur
nished the council with a written
opinion, a copy of which is hereto
attached, advising them this could not
be done and setting forth briefly the
methods for doing it.
Just subsequent to the delivering OF
this opinion to the city council our
territorial legislature, then in session,
passed another and different law pro-
viding methods for paving and other
street improvement. / was then ask
ed by the city council for an opinion
as 10 whether or not that law repeal
ed or abrogated the law existing prior
thereto, namely. the subdivision OF
Section 2402 of the Compiled Laws Of
1897 and Chapter AZ of the Laws of
1908.
At that time in an oral opinin !
stated to the city council that did not
believe that the act Of 1909 in any
way affected the powers of the city
council to proceed with paving and
street improvement under the laws
before existing, and / later put this
opinion in writing, which opinion
furnished to several paving companies
who were making inquiry relative to
our laws with a view OF entering the
territory of New Mexico for the pur-
pose Of doing sueh work.
The attorneys for some of these
paving companies did not agree with
me on this question and at least con-
sidered the question sufficiently un-
certain as to advise against the ex-
penditure of money by paving com
panies for making such improve
ments. But at the January term or
the supreme court Of the territory OF
New Mexico In the case OF The Guy
of Roswell. appellee, VS.. Robert Ing
ersol. appellant. / am glad TO say that
our own territorial supreme court, in
passing upon the question of the
right 10 enforce the construction of
sidewalks and in constituting the law
Of 1909 i'm connection with the laws
existing. have decided that the
city council had a perfect right 10
proceed under an Act OF l903 ana
that the Act of 1903 in no way de-
tracted from the powers given TO the
city council by the Act of 1903 ana
that Il has perhaps only served TO
grant an additional method or pan
by which improvements could be
made by establishing Improvement
districts and by the action of the
property owners themselves but IN
no way curtailed the powers existing
in the city council to proceed along
the Ines suggested by the Act OF 1908.
am now asked to state whether, In
my opinion. the system known as the
Revolving Fund now In operation in
El Paso. Texas. could be used and
operated under the laws existing in
this territory.
| would report to you that it is my
opinion that this plan could be USED
and operated in conjunction with our
laws and with probably better effect
and to better advantage than they are
used at El Paso. This plan would
necessitate the issuance of bonds by
the city and might raise the question
OF the right of the city OF Albuquer-
que to incur any further bonded in
d%ebtedness and particularly for the
purpose Of street improvement, but
the act Of of the United
States of America. approved March
Attn. 1898. entitled, A Act to Amend
the Act 10 Prohibit the Passage OF
Local or Special Laws in Territories,
TO Limit Territorial Indebtedness,
etc. Provides that cities having not
less than one thousand population
mav issue bonds for sanitary, health.
water works. and street improvement
And under and by virtue
Of this act we could, by a vote OF
two-thirds majority OF the voters own
ing real or personal property subject
to taxation. issue bonds OF the city
Of Albuquerque In a sufficient amoun
To create a fund out of which TO pay
for the paving Of streets under the
pian of the Revolving Fund System.
This plan provides for h ave
ment by the city. with the under
standing thai the property owner
shall pay such amounts OF proper
lions OF the expense Of such paving.
as are assessed against his property
by the city council. the plan usually
calling for the pavement Of one-ftith
Of the amount assessed against the
at the time OF the compile
ton Of the street improvement and
the balance in four equal annual in
stallments. bearing interest al ms
rate of eight per cent.
Il is M practice. under this system,
60 permit the property owner. II he
chooses. 20 pay the fun amount OF
A. - - a.. -w.nwan awTrrrraI hts