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Home » US Law » 2021 New Mexico Statutes » Chapter 73 - Special Districts » Article 16 - Conservancy Districts; Financial Administration

Section 73-16-1 – Moneys.

A. The moneys of every district shall consist of the following separate funds: (1) “preliminary fund,” by which is meant the proceeds of the level rate assessment authorized by Section 502 [73-16-2 NMSA 1978]; (2) “construction fund,” by which is meant the proceeds of levies made against the special benefits appraised, equalized and confirmed; (3) […]

Section 73-16-10 – Maintenance fund.

A. Upon the substantial completion of the improvements of the district, or any unit thereof, and on or before the first day of September in each year the board may levy an assessment on all property and upon public corporations subject to assessment under this act, to maintain, operate and preserve the improvements made, to […]

Section 73-16-11 – Power to borrow money for the maintenance fund.

A. In anticipation of the collection of maintenance assessments, the board may borrow money at a rate of interest not exceeding eight (8%) percent per annum, and as evidence of the debt so contracted may issue and sell, or may issue to contractors or others, negotiable evidence of debt (herein called warrants) and may pledge […]

Section 73-16-12 – Readjustment of maintenance fund assessments.

A. Whenever the owners or representatives of twenty-five (25%) per centum or more of the acreage or value of the lands in the district shall file a petition in the court in which the original petition was filed, stating that there has been a material change in the values of the property in the district […]

Section 73-16-13 – Assessment of public corporations.

Whenever an assessment shall be levied against a public corporation, a certified copy of that portion of the construction fund assessment record or the maintenance fund assessment record, or both, as the case may be, relating to property in each public corporation, properly signed by the president with the seal of the district thereunto affixed […]

Section 73-16-14 – Duties of officers of public corporations.

A. Whenever an assessment is levied against a public corporation, and is finally determined, it shall be the duty of the governing or taxing body of such public corporation immediately to take all the legal and necessary steps to provide for the payment of the same. It shall be the duty of the said governing […]

Section 73-16-15 – Annual levy.

A. After the expiration of the sixty-day period in which the construction fund assessment may be paid, and each year thereafter, if necessary to effectuate the provisions of this act. The board shall determine, order and levy the total assessments to be collected annually for the purpose of paying district bonds, principal and interest and […]

Section 73-16-16 – Lien of assessments.

A. All assessments provided for in this act, together with all interest thereon and all penalties for default in payment of the same, and all costs in collecting the same, shall, from the date of filing, in the county or counties where lands affected thereby are situated, to wit: (1) the certificate of preliminary fund […]

Section 73-16-17 – Revenue laws of state [applicable].

The revenue laws of this state for the assessment, levying and collection of taxes for state and county purposes, except as herein modified, shall be applicable for the purposes of the district in the collection of assessments including the enforcement of penalties and forfeiture for delinquent taxes. All interest and penalties that may be collected […]

Section 73-16-18 – Division of assessment.

When any property has been divided, sold or transferred, the county treasurer may receive district assessments on a part of any tract, piece or parcel of land or other property, and give his receipt accordingly only when the deed or transfer of said property shows the agreed division of said assessments and the approval of […]

Section 73-16-2 – Preliminary fund.

A. As soon as any district shall have been organized under this act and a board shall have been appointed and qualified, such board shall have the power and authority to fix the amount of a uniform assessment upon the property within the district not to exceed six (6) mills for every dollar of assessed […]

Section 73-16-20 – County commissioners cannot rebate district assessments.

County commissioners shall have no power to abate, reduce or compromise by any order, sale or any other means or device whatsoever, any district assessment made, levied and assessed under the provisions of this act. History: Laws 1927, ch. 45, § 519; C.S. 1929, § 30-519; 1941 Comp., § 77-2919; 1953 Comp., § 75-30-19. ANNOTATIONS […]

Section 73-16-21 – Board may be purchaser on sale.

The board shall have the power to bid in and hold for the use and benefit of the district and with like effect as any other purchaser, any property sold for delinquent taxes or district assessments and to purchase from the county or other owner the tax sale certificate or duplicate tax sale certificate outstanding […]

Section 73-16-22 – Special proceedings to enforce collections.

In the event of any default in the payment of the interest or principal of any bonds issued, and if the said district or its proper officers shall fail or neglect to enforce the payment of any unpaid assessment, the holder of such bonds may, for himself and for the benefit of all others similarly […]

Section 73-16-23 – Assessment records prima facie evidence.

The records of assessments contained in the respective assessments [assessment] records of the district and of the respective counties thereof shall be prima facie evidence in all courts of all matters therein contained. History: Laws 1927, ch. 45, § 522; C.S. 1929, § 30-522; 1941 Comp., § 77-2922; 1953 Comp., § 75-30-22. ANNOTATIONS Am. Jur. […]

Section 73-16-24 – Remedy for defective assessments.

If any assessment made under the provisions of this act shall prove invalid, the board shall by subsequent or amended acts or proceedings promptly and without delay remedy all defects or irregularities, as the case may require, by making and providing for the collection of new assessments or otherwise. History: Laws 1927, ch. 45, § […]

Section 73-16-25 – Ex-officio district treasurer.

The county treasurer of the county in which is located any portion of the lands of the district shall be and he is hereby constituted ex-officio district treasurer of the district extending into his county, and the said county treasurer shall be liable upon his official bonds to indictment and criminal prosecution for malfeasance, misfeasance […]

Section 73-16-26 – Bond of county treasurer.

Before receiving the assessment records, the treasurer of each county into which the district extends, shall furnish a corporate surety company bond, at the expense of the district, executed to the district, in a sum not less than the probable amount to be collected by him for the district during any one year, conditioned that […]

Section 73-16-27 – Duty of county treasurer to pay over tax; failure.

All collections of any assessments made by any county treasurer shall be paid to the treasurer of the proper district, on or before the tenth day of the next succeeding calendar month. If any county treasurer or other person entrusted with the collection of any assessment made under the provisions of this act, refuses, fails […]