Revenue bonds issued under Chapter 3, Article 28 NMSA 1978 shall not be considered or held to be general obligations of the intercommunity water or natural gas supply association issuing them and shall be collectible only out of the net revenues derived from the operation of the water or natural gas system whose income is so pledged. Each of the bonds of any issue of revenue bonds so issued shall recite on its face that it is payable and collectible solely from the revenues derived from the operations of the water or natural gas system, the income of which is so pledged, and that the holders of the bonds may not look to any general or other fund for the payment of principal or interest of such obligations; provided, further, that such revenue bonds may additionally be secured by a mortgage on the properties of the association and that the properties may be conveyed to a trustee for the benefit and security of the holders of the bonds. To the extent provided in the bond resolution or the trust indenture securing such bonds, additional bonds may be issued on a parity basis with bonds issued previously, and bonds constituting a junior lien on the net revenues or properties may be issued unless prohibited by any such bond resolution or trust indenture.
History: 1953 Comp., § 14-27-13, enacted by Laws 1965, ch. 300; 1967, ch. 40, § 1; 1990, ch. 60, § 12.
The 1990 amendment, effective March 2, 1990, substituted "Revenue bonds issued under Chapter 3, Article 28 NMSA 1978" for "It is hereby declared that revenue bonds issued hereunder" at the beginning, made a spelling correction, and made minor stylistic changes throughout the section.
Structure New Mexico Statutes
Article 28 - Water or Natural Gas Associations
Section 3-28-1 - Water or natural gas associations; powers.
Section 3-28-2 - Intercommunity water or natural gas supply association; directors.
Section 3-28-3 - Certificate of association.
Section 3-28-4 - Acknowledgment and filing of original certificate; recording of copy.
Section 3-28-5 - Powers of association as body corporate.
Section 3-28-6 - Amendment of certificate of incorporation.
Section 3-28-7 - Notice of first meeting.
Section 3-28-8 - Board of directors; powers.
Section 3-28-9 - Officers or agents; manner of appointment.
Section 3-28-10 - Revenue bond issues.
Section 3-28-11 - Terms and provisions of revenue bond issues.
Section 3-28-12 - Resolution for issuance of bond; execution.
Section 3-28-13 - Payment of bonds.
Section 3-28-14 - Refunding authorization; terms.
Section 3-28-14.1 - Publication of notice after adoption of resolutions; limitation of action.
Section 3-28-15 - Financial assistance.
Section 3-28-16 - Establishment of rates or contracts for service; lien against property served.
Section 3-28-17 - Proceeds from bond issues not to be diverted from purpose.
Section 3-28-18 - Violations of act; penalty.
Section 3-28-19 - Eminent domain.
Section 3-28-20 - Associations not subject to utility laws.
Section 3-28-21 - New Mexico public utility commission [public regulation commission] jurisdiction.
Section 3-28-22 - Validation; existing association and outstanding bonds.