(A) All the proceedings heretofore had, taken, done or performed in connection with paving and improving the streets specified in the plans and plats, and to be of benefit to the property described in the modified assessment roll on file in the Town Clerk-Treasurer’s office, be and the same are in all respects hereby ratified, approved and confirmed.
(B) For the purpose of paying the cost and expenses of the improvements, except the sum of $20,000 per year, during the time that the improvements are under construction which shall be paid from the Treasury of the town, there be and there hereby is levied and assessed against the lots, tracts and parcels of lands set out in the assessment roll as modified and confirmed, which is on file in the Town Clerk-Treasurer’s office in the Town of Clayton, New Mexico, and in the amounts as set out in the assessment roll, as modified and confirmed, opposite each lot, parcel or tract land.
(C) The assessments shall be due and payable at the office of the Town Clerk-Treasurer as follows:
(1) The sum of $0.25 per annum per front foot for each foot fronting upon the streets to be improved, the first payment being due and payable at the office of the Town Treasury on January 25, 1958, and a like installment due on January 25 of each year thereafter until the time as paving is laid down in front of a particular lot, tract or parcel of land, at which time the $0.25 per front foot charge per annum payment shall cease upon the particular lot, tract or parcel of land in front of which paving has been laid down and the balance of the assessment as set forth in the assessment roll, as modified, shall be paid as set out in division (C)(2) below hereof.
(2) After deducting from the assessment upon each particular lot, tract or parcel of land in front of which paving has been laid down, the amount paid under division (C)(1) above, that is, at the rate of $0.25 per front foot per annum, the balance of the assessment as shown on the assessment roll, as modified, shall be due and payable at the office of the Town Clerk-Treasurer on the first day of January of the year immediately following the time that the paving is laid down in front of each particular lot, tract or parcel of land without demand by the town, provided that all the assessments made at the election of the owner be paid in installments without interest. Failure to pay the whole assessment when due as provided herein shall be conclusively considered and held and election to pay in installments, as herein after provided. In case of an election to pay in installments, the assessments shall be payable at the office of the Town Clerk-Treasurer in 10 equal annual installments, the first of which installment shall be due and payable on or before January 1 of the year immediately following the laying down of pavement in front of the lots, tracts and parcels of land within the year, and the remainder of the assessment shall be due and payable successively on the first day of year thereafter until paid in full, and provided further that the installments may, at the election of the owner, be paid monthly commencing on January 1 of the year immediately following the year in which the pavement is laid down in front of the owner’s property. Failure to pay any installments provided in division (C)(1) above or this section, when due, shall at the election of the town cause the whole of the unpaid principal to become due and payable immediately. Delinquent installments shall bear interest at the rate of 8% per annum from date of delinquency.
(D) The amounts assessed as aforesaid shall be a lien upon the lots and parcels of land from the time this section becomes effective, which lien shall be superior to all liens, except the lien for general taxes, but the sale of any lot or parcel of land for general taxes shall not relieve the lot or parcel of land from the assessments or the lien thereof. It shall be the duty of the Town Clerk-Treasurer within 60 days hereafter to make out, sign, attest with the seal of the town, and file for record in the office of the County Clerk of Union County, New Mexico, a claim of lien for the amount due and assessed against each lot or parcel of land as specified in the assessment roll, as modified, and all purchasers, mortgagees and encumbrances of the lots and parcels of land shall take the same subject to the lien. In case any lot or parcel of land so assessed becomes delinquent in the payment of the assessment or any installment thereof, the Board of Trustees shall cause the lien to be enforced and foreclosed as provided by law.
When the assessments and the installments thereof have been paid in full, it shall be the duty of the Town Clerk-Treasurer to release and discharge the lien and liability.
(E) Any owner who wishes to do so may pay all of the assessment against his or her property in advance, and in case of full payment in advance shall be allowed a discount of 2% upon the total assessment.
(Ord. 379, passed 12-9-1957)