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Home » US Law » 2021 New Mexico Statutes » Chapter 72 - Water Law » Article 16 - Albuquerque Metropolitan Arroyo Flood Control

Section 72-16-23 – Levy and collection of taxes.

To levy and collect taxes, the board shall determine in each year the amount of money necessary to be raised by taxation, taking into consideration other sources of revenue of the authority, and shall fix a rate of levy, without limitation as to rate or amount, except for the limitation in Subsection I of Section […]

Section 72-16-24 – Levies to cover deficiencies.

The board, in certifying annual levies, shall take into account the maturing indebtedness for the ensuing year as provided in its contracts, maturing securities and interest on securities, and deficiencies and defaults of prior years and shall make ample provision for the payment thereof. In case the money produced from such levies, together with other […]

Section 72-16-25 – Sinking fund.

Whenever any indebtedness has been incurred by the authority, it shall be lawful for the board to levy taxes 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 authority, for maintenance and operating charges […]

Section 72-16-26 – Manner of levying and collecting taxes.

It is the duty of the body having authority to levy taxes within each county to levy the taxes provided in Subsection I of Section 72-16-22 NMSA 1978, and elsewhere in the Arroyo Flood Control Act. It is the duty of all officials charged with collecting taxes to collect such taxes at the time and […]

Section 72-16-27 – Delinquent taxes.

If the general (ad valorem) taxes levied are not paid, then delinquent real property shall be sold at the regular tax sale for the payment of said taxes, interest and penalties, in the manner provided by the statutes of the state for selling real property for the nonpayment of general taxes. If there are no […]

Section 72-16-28 – Elections.

Each biennial election of directors, each election proposition to issue bonds and all other elections shall be conducted in accordance with the Local Election Act [Chapter 1, Article 22 NMSA 1978]. History: 1953 Comp., § 75-36-28, enacted by Laws 1963, ch. 311, § 28; 1985, ch. 190, § 6; 2018, ch. 79, § 108. ANNOTATIONS […]

Section 72-16-29 – Repealed.

History: 1953 Comp., § 75-36-29, enacted by Laws 1963, ch. 311, § 29; 1985, ch. 190, § 7; repealed by Laws 2018, ch. 79, § 175. ANNOTATIONS Repeals. — Laws 2018, ch. 79, § 175 repealed 72-16-29 NMSA 1978, as enacted by Laws 1963, ch. 311, § 29, relating to election resolution, effective July 1, […]

Section 72-16-3 – Decision of board or governing body final.

The action and decision of the board as to all matters passed upon by it in relation to any action, matter or thing provided herein shall be final and conclusive unless arbitrary, capricious or fraudulent. History: 1953 Comp., § 75-36-3, enacted by Laws 1963, ch. 311, § 3.

Section 72-16-30 – Repealed.

History: 1953 Comp., § 75-36-30, enacted by Laws 1963, ch. 311, § 30; 1985, ch. 190, § 8; repealed by Laws 2018, ch. 79, § 175. ANNOTATIONS Repeals. — Laws 2018, ch. 79, § 175 repealed 72-16-30 NMSA 1978, as enacted by Laws 1963, ch. 311, § 30, relating to conduct of election, effective July […]

Section 72-16-31 – Repealed.

History: 1953 Comp., § 75-36-31, enacted by Laws 1963, ch. 311, § 31; repealed by Laws 2018, ch. 79, § 175. ANNOTATIONS Repeals. — Laws 2018, ch. 79, § 175 repealed 72-16-31 NMSA 1978, as enacted by Laws 1963, ch. 311, § 31, relating to notice of election, effective July 1, 2018. For provisions of […]

Section 72-16-32 – Repealed.

History: 1953 Comp., § 75-36-32, enacted by Laws 1963, ch. 311, § 32; 1985, ch. 190, § 9; repealed by Laws 2018, ch. 79, § 175. ANNOTATIONS Repeals. — Laws 2018, ch. 79, § 175 repealed 72-16-32 NMSA 1978, as enacted by Laws 1963, ch. 311, § 32, relating to polling places, effective July 1, […]

Section 72-16-33 – Repealed.

History: 1953 Comp., § 75-36-33, enacted by Laws 1963, ch. 311, § 33; 1985, ch. 190, § 10; repealed by Laws 2018, ch. 79, § 175. ANNOTATIONS Repeals. — Laws 2018, ch. 79, § 175 repealed 72-16-33 NMSA 1978, as enacted by Laws 1963, ch. 311, § 33, relating to election supplies, effective July 1, […]

Section 72-16-34 – Repealed.

History: 1953 Comp., § 75-36-34, enacted by Laws 1963, ch. 311, § 34; 1985, ch. 190, § 11; repealed by Laws 2018, ch. 79, § 175. ANNOTATIONS Repeals. — Laws 2018, ch. 79, § 175 repealed 72-16-34 NMSA 1978, as enacted by Laws 1963, ch. 311, § 34, relating to election returns, effective July 1, […]

Section 72-16-35 – Dissolution of authority.

If a remonstrance is received pursuant to Section 72-16-7 NMSA 1978 denying the board the power to acquire a flood control system or if the first proposal for the issuance of bonds fails to receive a favorable vote by a majority of the qualified electors voting thereon, the board shall proceed to dissolve the authority. […]

Section 72-16-36 – Filing of dissolution resolution.

Within thirty days after the effective date of any resolution dissolving the authority, the secretary shall file a copy of the resolution in the office of the county clerk and shall cause to be filed an additional copy of the resolution in the office of the secretary of state, which filings shall be without fee […]

Section 72-16-37 – Disposition of property, funds and taxes of authority.

All property and all funds remaining in the treasury of the authority so dissolved shall be surrendered and transferred to the county in which the authority is located and shall become a part of the general fund of the county. History: 1953 Comp., § 75-36-37, enacted by Laws 1963, ch. 311, § 37.

Section 72-16-38 – Powers of public bodies.

The governing body of any municipality, federally authorized Indian pueblo or tribe or other public body, upon its behalf and in its name, for the purpose of aiding and cooperating in the determination of any authority boundary or any project herein authorized, upon the terms and with or without consideration and with or without an […]

Section 72-16-39 – Effect of extraterritorial functions.

All of the powers, privileges, immunities and rights, exemptions from laws, ordinances and rules, all pension, relief, disability, workmen’s compensation, and other benefits which apply to the activity of officers, agents or employees of the authority or any such public body when performing their respective functions within the territorial limits of the respective public agencies […]

Section 72-16-4 – Definitions.

Except where the context otherwise requires, as used in the Arroyo Flood Control Act: A. “act” means the Arroyo Flood Control Act; B. “acquisition” or “acquire” means the opening, laying out, establishment, purchase, construction, securing, installation, reconstruction, lease, gift, grant from the federal government or any public body or person, endowment, bequest, devise, condemnation, transfer, […]

Section 72-16-40 – Forms of borrowing.

Upon the conditions and under the circumstances set forth in this act [Chapter 72, Article 16 NMSA 1978], the authority, to carry out the purposes hereof, from time to time may borrow money to defray the cost of any project, or any part thereof, as the board may determine, and issue the following securities to […]