Chapter 72, Article 18 NMSA 1978 may be cited as the “Flood Control District Act”. History: Laws 1981, ch. 377, § 1; 2018, ch. 79, § 120. ANNOTATIONS Cross references. — For flood control generally, see 4-50-1 NMSA 1978 et seq. The 2018 amendment, effective July 1, 2018, changed “This act” to “Chapter 72, Article […]
A. At the election, the qualified electors may vote for or against the organization of the district and for up to five qualified electors of the district who shall constitute the board of directors of the district. B. If a majority of the votes cast at the election are in favor of the organization, the […]
Within thirty days after the district has been declared a corporation by the court, the clerk of the court shall file the certificate in the same manner as articles of incorporation are required to be filed under the general laws concerning corporations. History: Laws 1981, ch. 377, § 11.
Whenever a district has been declared duly organized, the members of the board shall qualify by filing with the clerk of the court their oaths of office, and corporate surety bonds at the expense of the district in an amount not to exceed one thousand dollars ($1,000) each, the form to be fixed and approved […]
A. After taking oath and filing bonds, the board shall choose one of its members as chair of the board and shall choose a secretary and a treasurer of the board and of the district. The secretary and treasurer may be one person. B. The terms of the members of the initial board of directors […]
Flood control district elections shall be held pursuant to the Local Election Act. At each local election after organization of the district, there shall be elected by the qualified electors of the district one or two members of the board to serve for a term of six years. Except for the initial board of directors […]
Any vacancy on the board shall be filled by appointment by a majority of the remaining members of the board. The appointee shall serve until the next local election pursuant to the Local Election Act [Chapter 1, Article 22 NMSA 1978] when the vacancy shall be filled by election. If the board fails to fill […]
All meetings of the board shall be held within the district. No business of the board shall be transacted except at a regular or special meeting at which at least three directors are present. Any action of the board requires the affirmative vote of a majority of the directors present and voting. History: Laws 1981, […]
Directors shall receive no compensation for their services as a director, officer, engineer, attorney, employee or other agent of the district. Directors may be reimbursed for expenses incurred by them on district business with approval of the board. History: Laws 1981, ch. 377, § 17.
No director or officer, employee or agent of the district may be interested in any contract or transaction with the district except in his official representative capacity and except for any contract of employment with the district. History: Laws 1981, ch. 377, § 18.
The board of the district may exercise the following administrative powers: A. fix the time and place at which its regular meetings will be held within the district and provide for the calling and holding of special meetings; B. adopt and amend or otherwise modify bylaws and rules for procedure; C. prescribe by resolution a […]
It is hereby declared as a matter of legislative determination that: A. the organization of the districts authorized to be created pursuant to the Flood Control District Act having the purposes, powers, duties, privileges, immunities, rights, liabilities and disabilities provided in that act will serve a public use and public purpose and will promote the […]
The board of the district may: A. adopt, have and use a corporate seal and alter the same at pleasure; B. sue and be sued and be a party to suits, actions and proceedings; C. acquire, improve, equip, maintain and operate any project or facility; D. protect the watercourses, watersheds, public highways, life and property […]
To levy and collect property taxes as provided in Section 20 [72-18-20 NMSA 1978] of the Flood Control District Act, the board shall determine each year the amount of money necessary to be raised by taxation, taking into consideration other sources of revenue of the district. The board shall fix a rate of levy, which, […]
It shall be lawful for the board to assess benefit assessments and to collect revenue for the purpose of creating a reserve fund in such amount as the board may determine which may be used to meet the obligations of the district, for maintenance and operating charges and to provide improvements for the district. History: […]
If the property tax is not paid, then delinquent real property shall be sold at the regular tax sale for the payment of the tax, interest and penalties in the manner provided by law for selling property for the nonpayment of general taxes. The board may purchase in the name of the district any property […]
The boundaries of any district organized under the provisions of the Flood Control District Act may be changed in the manner prescribed in this section and Section 25 [72-18-25 NMSA 1978] of that act but the change of boundaries of the district shall not impair or affect its organization or its rights in or to […]
The owners of real property constituting a portion of any district may file with the board a petition praying that such real property be excluded and taken from the district. The petition shall describe the property which the petitioners desire to have excluded. The petition shall be acknowledged in the same manner that conveyances of […]
Upon a finding by the secretary of the district that the boundaries of a district established pursuant to the Flood Control District Act incorporate an area of less than thirty-five percent of the area of an existing voting precinct lying along such boundaries, or which minor area appears not to benefit or feasibly expect to […]
All taxable property annexed to a district shall thereafter be subject to the levy of taxes for the payment of any indebtedness of the district outstanding at the time of the annexation. Property excluded from a district shall thereafter be subject to the levy of taxes for the payment of any indebtedness of the district […]
