With respect to the issuance of any negotiable securities representing an indebtedness of the water and sanitation district, the provisions and procedures set forth in the Community Service District Act [4-54-1 to 4-54-5 NMSA 1978] shall apply. History: 1953 Comp., § 75-18-24.1, enacted by Laws 1977, ch. 345, § 9. ANNOTATIONS Bond tax levy limited. […]
Whenever the board shall, by resolution, determine that the interest of the district and the public interest or necessity demand the acquisition, construction, installation or completion of any works or other improvements or facilities, or the making of any contract with the United States or other persons or corporations, to carry out the objects or […]
History: 1941 Comp., § 77-3426, enacted by Laws 1943, ch. 80, § 26; 1953 Comp., § 75-18-26; repealed by Laws 2018, ch. 79, § 175. ANNOTATIONS Repeals. — Laws 2018, ch. 79, § 175 repealed 73-21-29 NMSA 1978, as enacted by Laws 1943, ch. 80, § 26, relating to notice of election, effective July 1, […]
Water and sanitation districts may be created for the purpose of: A. purchasing, acquiring, establishing or constructing waterworks to supply water for domestic, commercial and industrial purposes by any available means to persons within and without the boundaries of the district. For this purpose, any district has the power to extend its water lines outside […]
History: 1941 Comp., § 77-3427, enacted by Laws 1943, ch. 80, § 27; 1953 Comp., § 75-18-27; repealed by Laws 2018, ch. 79, § 175. ANNOTATIONS Repeals. — Laws 2018, ch. 79, § 175 repealed 73-21-30 NMSA 1978, as enacted by Laws 1943, ch. 80, § 27, relating to conduct of election, canvass of returns, […]
In the event that it appears from the returns that a majority of the qualified electors of the district have voted in favor of the ballot question, the district shall then be authorized to incur the indebtedness or the obligations, enter into the contract or issue and sell the bonds of the district, as the […]
In any and every case where a notice is provided for in this act, if the court finds any reason that due notice was not given, the court shall not thereby lose jurisdiction, and the proceeding in question shall not thereby be void or be abated, but the court shall in that case order due […]
All cases in which there may arise a question of the validity of the organization of a district, or a question of the validity of any proceeding under this act shall be advanced as a matter of immediate public interest and concern, and heard at the earliest practicable moment. The courts shall be open at […]
This act being necessary to secure and preserve the public health, safety, convenience and welfare, it shall be liberally construed to effect its purposes. History: 1941 Comp., § 77-3431, enacted by Laws 1943, ch. 80, § 31; 1953 Comp., § 75-18-31. ANNOTATIONS Compiler’s notes. — The term “this act” means Laws 1943, Chapter 80, which […]
No part of this act shall repeal or affect any other act or any part thereof, it being intended that this act shall provide a separate method of accomplishing its objects, and not an exclusive one. History: 1941 Comp., § 77-3432, enacted by Laws 1943, ch. 80, § 33; 1953 Comp., § 75-18-32. ANNOTATIONS Compiler’s […]
A. Whenever the board of a district shall, by resolution, determine that interest or necessity requires the acquisition, construction, repair, extension, improvement or betterment of a water system, sewer system or other fee-for-service system, districts are authorized to issue revenue bonds or obtain loans, payable solely out of the net income, to be derived from […]
A. Revenue bonds issued under the provisions of the Water and Sanitation District Act shall bear interest at not to exceed six percent per year, payable annually or semiannually, shall be payable at the option of the district, at the end of ten years from the date thereof; and due by their terms in not […]
The board of a district issuing revenue bonds under the provisions of the Water and Sanitation District Act may authorize the issuance of the bonds by resolution adopted by the affirmative vote of two-thirds of all the members of the board at a regular or special meeting called for that purpose. At the meeting, the […]
It is declared that revenue bonds, issued under the provisions of the Water and Sanitation District Act, except for those general obligation bonds described in Section 73-21-43 NMSA 1978, shall not be considered to be general obligations of the district issuing them and shall be collectible only out of the net revenues derived from the […]
As used in the Water and Sanitation District Act: A. “board” means the board of directors of a district; B. “district” means a water and sanitation district that is established pursuant to the Water and Sanitation District Act and that is either entirely within or partly within and partly without one or more counties; provided […]
The board of each district issuing revenue bonds under the provisions of the Water and Sanitation District Act shall establish rates or fees for services rendered by the district utility systems to create an income sufficient to pay all reasonable expenses of operation and create a net revenue that shall be sufficient to pay interest […]
Whenever under the provisions of the laws of this state a district obtains money or credits from the issuance of its bonds or other evidence of indebtedness for the purpose of the purchase, construction or extension or repair of district utilities in the district, it shall be unlawful to divert, use or expend any of […]
The members of any board and any officer or agent of any district violating the provisions of the Water and Sanitation District Act shall be deemed guilty of a misdemeanor and upon conviction in the district court shall be subject to a fine not to exceed five hundred dollars ($500) or by imprisonment in the […]
All districts previously created under the provisions of the Water and Sanitation District Act and all proceedings previously taken by the districts, including any elections that may have been held in the districts on the question of the issuance of bonds and that have carried, are validated, ratified and confirmed. Where district bonds have been […]
A district may sell or otherwise dispose of all or any part of its water facilities, sewer facilities or both, including both real and personal property, without an election. A sale or other disposition of district facilities shall be authorized by resolution adopted by the affirmative vote of not less than a majority of all […]