New Mexico Statutes
Article 33 - Improvement Districts
Section 3-33-38 - Improvement district; application of reassessment fund to outstanding indebtedness.

A. Whenever a municipality has:
(1) issued bonds or assignable certificates to obtain money to pay for an improvement that has been constructed; and
(2) reassessed the tract or parcel of land benefiting from the improvement as provided in Sections 3-33-32 through 3-33-35 NMSA 1978, the municipality shall apply all money received from the payment of the reassessment to the payment of the bonds or assignable certificates.
B. Bonds or assignable certificates that have been issued to obtain money to pay for any improvement that has been constructed are:
(1) valid and binding obligations of the municipality; and
(2) payable from the payments received from any reassessment that shall be levied until all obligations of indebtedness of the improvement have been paid in full.
History: 1953 Comp., § 14-32-33, enacted by Laws 1965, ch. 300; 1991, ch. 199, § 25.
The 1991 amendment, effective April 4, 1991, deleted "negotiable coupon" preceding "bonds" in three places; substituted "3-33-32 through 3-33-35 NMSA 1978" for "14-32-25 through 14-32-30 New Mexico Statutes Annotated, 1953 Compilation" in Paragraph (2) of Subsection A; and made minor stylistic changes in Subsection B.

Structure New Mexico Statutes

New Mexico Statutes

Chapter 3 - Municipalities

Article 33 - Improvement Districts

Section 3-33-1 - Improvement district; authorization.

Section 3-33-2 - Improvement district; definitions.

Section 3-33-3 - Improvement district; purpose.

Section 3-33-4 - Improvement district; additional purpose.

Section 3-33-4.1 - Improvement district; additional purpose.

Section 3-33-5 - Improvement district; powers of municipality.

Section 3-33-6 - Improvement district; additional purpose.

Section 3-33-6.1 - Improvement district; additional purpose.

Section 3-33-7 - Improvement district; powers of and restrictions upon a county.

Section 3-33-8 - Improvement district; powers of a municipality outside its boundaries.

Section 3-33-9 - Improvement district; limitations on powers of a municipality outside its boundaries.

Section 3-33-10 - Improvement district; limitations on powers of municipality with respect to street or right of way under jurisdiction of state transportation commission.

Section 3-33-11 - Improvement district; provisional order method; procedure; preliminary lien; notice of pendency of district; effect.

Section 3-33-12 - Improvement district; notice of assessment; protests.

Section 3-33-13 - Improvement district; provisional order; protest; appeal to district court.

Section 3-33-14 - Improvement district; petition method; requirements; distribution of costs; notice of hearing.

Section 3-33-14.1 - Imposition of improvement district property tax; limitations.

Section 3-33-15 - Improvement district; notice of preliminary hearing.

Section 3-33-16 - Improvement district; preliminary hearing; protest; action of the governing body; appeal to district court.

Section 3-33-17 - Improvement district; municipalities under 25,000; levy and collection of assessments prior to commencing improvement; special fund; misuse; penalty.

Section 3-33-18 - Improvement district; advertising for bids; municipality may do work; contribution by governmental agency.

Section 3-33-19 - Notice of bid; acceptance of bid.

Section 3-33-20 - Improvement district; assessment of railroad property.

Section 3-33-21 - Improvement district; assessment roll; notice of assessment hearing.

Section 3-33-22 - Improvement district; filing of objections; assessment hearing; action of the governing body; appeal to district court.

Section 3-33-23 - Improvement district; assessments; terms of payment; liens.

Section 3-33-24 - Improvement district; authority to issue bonds or assignable certificates.

Section 3-33-25 - Improvement district; rights of negotiable bondholders or assignable certificate holders.

Section 3-33-26 - Improvement district; additional duties imposed on municipality.

Section 3-33-27 - Improvement district; acceptance of deed in lieu of foreclosure.

Section 3-33-28 - Improvement district; foreclosure; trustee may purchase at foreclosure of liens; contents of bid.

Section 3-33-29 - Improvement district; title subject to redemption vests in trustee.

Section 3-33-30 - Improvement district; private or public sale of property; redemption period; disposition of proceeds.

Section 3-33-31 - Improvement district; assessment funds; expenditures; misuse; penalties.

Section 3-33-32 - Transfer of improvement district funds.

Section 3-33-33 - Improvement district; reassessment after voiding of assessments; procedure.

Section 3-33-34 - Improvement district; reassessment; defects waived; credit for previous payment.

Section 3-33-35 - Improvement district; notice of appeal; appeal to district court.

Section 3-33-36 - Improvement district; payment of reassessment; continuing proceedings to collect assessment.

Section 3-33-37 - Improvement district; appeal of reassessment; procedure exclusive.

Section 3-33-38 - Improvement district; application of reassessment fund to outstanding indebtedness.

Section 3-33-39 - Improvement district; definition of "bonds"; refunding improvement bonds; authority.

Section 3-33-40 - Refunding bonds; escrow; detail.

Section 3-33-41 - Improvement district; ordinance for refunding bonds; conditions; sale or exchange.

Section 3-33-42 - Improvement district; payment of assessment for refunding bond; maximum term; interest; prepayment; liens.

Section 3-33-43 - Improvement district; construction of Sections 3-33-39 through 3-33-42 NMSA 1978.