Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1913-03-27

Of such city shall be limited 10 che
kind of improvements 80 specified.
Sec. That the whole or any part
% the cnsi ~ making such Improve
monts may be- paid by the clty 81 by
the owners ~ property abutting on
such Improvements. ~ the gDvotning
body OF the city may determine. and
may be assessed against such property
owners or their property.
sec. 8. Subject 10 tho terms there
o. the governing body ~ any city
shall have power 20 assess against
tho owner or owners OF any railroad
or street railroad occupying any hiRh-
way ordered 10 be- improved as afore.
said. tho whole cost of the improve
menta between or under the rails and
tracks Of said railroad or street rail.
road and the two feet on each side oi
said track or tracks. and shall huyr
power BY ordinances 20 levy a special
nsEessment upon said railroad or street
railroad and its roadhcd, ties. rails.
fixtures. chattels, rights and tran
chisos. which shall constitute n lien
thereon superior 20 any other lien or
claim. except state. county and mum
icipal taxes. and which may be en-
forced either BY sale % said property
In the manner provided herein, or w
suit against the owner. The ordi-
nance levyinR said assessment shall
prescribe when the same shall become
due and delinquent and the rate OF in
terest payable thereon.
sec. 8. Subject 20 the terms there
OF. the governing body Of any city
shall have tho power by ordinance 20
assess tho whole or such part Of the
cost OF any such Improvement or Inn
provements as II may see ~ against
tho property abuttlng on such i'm
provoments.
Said governing body shall have pow
or likewise 20 provide for the time
and terms OF payment OF such as
sessnents and tho rate OF interest up-
on deferred payments thereof. which
rate shall not exceed eight per cent
per amman. and 10 fix upon such prop
crty md declare such assessments 10
DE a personal liability OF the owner
az owners OF such abuttinE property.
SucI governing body shall have power
- issue or cause 20 be Issued, In the
rame OF tho city. assignabie certif-
rites declaring the liability or such
, flNt f4fl OF OMffIN anu NifAN IAWffAAf
iTir the payment OF such assessments
and Co Tx the terms and conditions oi
such certificates Tho certificates shall
accurately describe the property Cow
cred ~ tho assessment
II any such certificate shall recite
lth.t the proceedings with reference
/ o. mtking suc', improvements have
been regularly had In compliance with
law and that an prerequisites 10 tho
fixing ~ the assessment lien against
th, property described therein. and
tho personal liability evidenced there's
BY have ben performed. such recitals
shalt be prima faCic evidence OF the
, facts So rccited.
Tho lien of any such assessment
, shan ac enforced la the same man
nor o. as nearly as practicable. In
: which q real property mortgage Ia
forcclosod No real property shall Poe
sold 10 satisfy any such lien thereon
until al least fifteen days after the
date 81 the order. Judgment or decree
ct court. within which time the owner
, az such property. or any ono fof HIM
may pas on rur decree ana avoid She
sale Provided That any real rsiutf
which may be- sold under any order
: Judgment or decree Of court 90 satisfy
/, amy such lien. may be- redeemed hy
3 the owner or by his assign bv repay
, Ing &C. the purchaser or his assign tho
b. .mount paid with interest from the
[ date OF purchase nt the rate eft twelve
-. G2l per centum per anuum at any
time Within six months from the dat,
: ~ sale. Provided further. The city
, in which the property is located, mas
& become the purchaser Jt any such
p sale.
Z Any person holding two or NOR,
81 certificates issued In accordance with
[ thc provisions Of this act may SITE
. am thereof Ia the same action 60 en-
y fo.ac the liens against the property
I, described therein. For the securit,
b 81 such certificates an assessments 90
reassessmeuts upon the property uf'
I irct,d shall constitute lien ON said
property. which shall be- the first en-
:, forciblc claim against the property
d ,dpcrior 90 an other liens and claims
< except state. county aud municipal
- taxes
The passage ~ the ordinance 81
e. ordinances necessary 10 carry into eff
o. icot the proceedings 20 establish such
% improvement W IMPROVEMENTS NtNf
a this act. shall operate as constructive
n notice of the liens thereby hNcd upon
5 the property described u said Ger.
b. tncatcs. and in said ordinance cor or
70 dinan,cs. without othCr record there
- Of. and the said TENS shall relate bach
4 nd take effect as eft the date of th'
original resolution or ordinance or
q dofiug such improvements.
- See e. The net that a"r Improve
5. mont is omitted Ir 'front.' Of amy prop
r. crty shalt not utplidatc tho lien o
Z assessments made against other prop
o. cry on the highway improved. CO.. th'
IS personal liability o' its owner cor own
r. crs The lien created against suoi
10 property. or the personal liability %
" tho owner thereof. shall bc enforced
a us len this law provided. and the Gee
F. I,uu iu any deed made pursuant q
IL such sale. that an legal prerequisite
e. OF said assessment and sale have beef
q complied with. shall he primo iocr
q evidence OF the facts so rccited
20 Sec s. 40 assessment OF th'
whole or any part of the cost OF sucl
aN lea.