Section 3-23-8 – Municipal utility; receiver’s certificates.
A. Upon the order of the district court, the receiver may issue receiver’s certificates for the purpose of providing funds to operate, repair, improve or enlarge the municipal utility. Unless otherwise provided by the district court, payment of the receiver’s certificates shall be pledged from the net income of the municipal utility and the receiver’s […]
Section 3-23-9 – Municipal utility; levy and collection of taxes not terminated by receivership.
The appointment of a receiver as authorized in Section 3-23-7 NMSA 1978, does not release the municipality from its obligation to levy and collect the taxes provided by the terms of bonds or the law governing their issue. History: 1953 Comp., § 14-22-9, enacted by Laws 1965, ch. 300.
Section 3-23-10 – Municipal utility; board of utility commissioners.
A. A municipality may establish a municipal board of utility commissioners to manage and operate a municipal utility. The board of utility commissioners is responsible for the administration of the affairs of the utility. Members of the board of utility commissioners shall be appointed by the mayor with the consent of the governing body, and, […]
Section 3-23-1 – Municipal utility; service charges; deposits; discontinuance of water service for nonpayment of charges; supplemental method.
A. A municipality, including an entity established pursuant to Section 72-1-10 NMSA 1978, may require a reasonable payment in advance or a reasonable deposit for water, electricity, gas, sewer service, geothermal energy, refuse collection service or street maintenance. B. If payment of any price, rent, fee or other charge for water, sewer service, refuse collection […]
Section 3-23-2 – Election on question of acquiring utility.
A. No municipality shall acquire a municipal utility from funds acquired from the issuance of revenue bonds until the question of acquiring the utility is submitted, at a regular local election or special election, to a vote of the qualified electors of the municipality, and a majority of the votes cast on the question favors […]
Section 3-23-3 – Municipal utility; approval of New Mexico public utility commission.
A. If the acquisition of a utility is to be financed from funds received from the issuance and sale of revenue bonds, the price of the acquisition of the utility shall be approved by the New Mexico public utility commission [public regulation commission] and the commission shall require: (1) a determination by appraisal or otherwise […]
Section 3-23-4 – Municipal utility; use of revenue.
A. Income derived from the operation of a municipal utility that has funds received from a revenue bond issue shall be used in the following priority: (1) to maintain the municipal utility in good repair and to pay legitimate expenses of operation; (2) to pay interest on revenue bonds issued for the purpose of acquiring, […]
Section 3-23-5 – Municipal utility; duty to maintain and improve.
A. After the qualified electors at a regular or special municipal election have approved the acquisition of a municipal utility, the municipality shall maintain a municipal utility in good repair and improve and enlarge the municipal utility to accomplish the objectives and purposes for which it was designed. B. A municipality may use other funds […]
Section 3-23-5.1 – Municipal utility permanent fund.
A. The governing body of a municipality may by ordinance establish a municipal utility permanent fund for each utility owned and operated by the municipality. B. The municipal utility permanent fund shall be a fund in the municipal treasury into which may be deposited money from the sale of municipal utility assets or any portion […]
Section 3-23-6 – Charge for service of municipal utility becomes a lien against the property served; exception.
A. Any charge imposed by ordinance for service rendered by a municipal utility, including an entity established pursuant to Section 72-1-10 NMSA 1978, except as indicated in Subsection C of this section, shall be: (1) payable by the owner, personally, at the time the charge accrues and becomes due; and (2) a lien upon the […]