Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1920-11-30
PROPERTY OWNERS
SEEK TO ENJ0IM THE
CITY OF ALBUQUERQUE
CONTINUED from Page one.)

majority Of the petitioners are own
ers of unimproved property and
that the majority Of the residents
Of the part of West Ttjeras avenue
, that is being paved own inn
| proved, are not objecting and are
not parties to the suit. They cali
| attention to that part Of the petit
| ton that alleges that it is illegal to
assess the cost of the paving on
tho basis of the frontage instead
of on basis of the value of the
property, declaring that If this
were so, those who own unim-
proved property and are holding it
! for speculative purposes would not
have to pay in the same proportion
| rs those who own their homes on
I West Tiieras avenue.
cloud to the property is created,
! the petition alleges, because of the
| fact that the assessment is a prior
| hen against the property. The PEE
| uiioners take the position that if
property be heavily mortgaged, the
lpaWug lien takes priority thereby
making the title to the land I'M
certain, and that If the value of
the property If sold under mort
gogr is not sufficient to satisfy the.
paving lien, that the owner may
hc sued personally for the balance
land that therefore the method of
assessment now used by the city is
rUutis"atOry and Is a direct viola
ton of fourteenth amendment Of
the federal constitution, relating to-
Illegal confiscation of property, asI
was as of a similar provision in the
state constitution.
system of Paving Assessments.
The system used by the city in
financing paving work consists in
the issuing of paving certificates
to the paving company. These GER
tUicates are in small amounts and
payable annually over a period of
usually ten years. These certifi-
Gates, because of the small amounts
they represent. are not easily mar
kctable, SO the city issues munich
pal paving bonds in amounts of
81 900 and which can be readily
sold to the banks, trust companies,
etc.
These bonds are given by the city
to the paving company which re-
turns an equivalent amount in paw
ing certificates it has received from
the city. The city undertakes the
collection % the money due on the |
paving certificates, and as this |
money is collected, il is put in a !
special fund which the city uses
to retire the bonds that have been |
sold by the paving company.
This system, devised by the city
Of Albuquerque, permits the city to |
finance paving work without cash
while the assessment certificates |
provide a means of retiring the |
bonds as they come due. !
1t is the legality Of this system |
which is attacked in the petition OF |
the group of property owners.
This same question, according 10 !
one of the city officials. was passed |
on by the district court of Berna-
lilo county in the case of J. q,
Albright in connection with the !
paving of North Fourth street. The !
court then ruled ii is declared, that
the method of issuing bonds ana |
paving certificates is legal.
Attacks On Contract.
iii's"t''S % 81, '"ii'' -
alleged IN the petltioh' Is paseu
on the contention tuat theFe
was no advertising Tor DldS as
required pS Jaw tii"t the pro-
Nlslohai oraef hiaae 10 cover
the paving contract lof ilJeft"
avenue ana that the lallure TO
make such order mlSiead me
plalhtlliS ana otiFrs lllo the
pellel tilat no lsrtHer paV4hs
was contemplated ana iIilsleau
prospective pluae[S Ior the
saia paNihg WolN' I'"t no
proper ieGal hotice OF the pro-
posea paving was given us re-
qulfeu ny law lnat lhe COM
nilssiohers abused the ulSGre
tioh invested III li'elh III tl"l
tne contract price agreed IL
So'9V yard pius $l''o loI
cufp ana sutterIIls -S GROSSLY
eAcesSlNe ana ui'teas 'CS
nlsh' 'hal 'ie s'liu col,',iliS-