It is hereby declared as a matter of legislative determination:
A. that the organization of the authority hereby created having the purposes, powers, duties, privileges, immunities, rights, liabilities and disabilities provided in this act [72-16-1 to 72-16-103 NMSA 1978] will serve a public use and will promote the health, safety, prosperity, security and general welfare of the inhabitants thereof and of the state of New Mexico;
B. that the acquisition, improvement, maintenance and operation of any project authorized in this act is in the public interest and constitutes a part of the established and permanent policy of the state;
C. that the authority hereby organized shall be a body corporate and politic, a quasi-municipal corporation, and a political subdivision of the state;
D. that the flood control system hereby authorized and directed to be acquired will be of special benefit to the property within the boundaries of the authority hereinafter organized and created;
E. that the notice provided for in this act for each hearing and action to be taken is reasonably calculated to inform any person of interest in any proceedings hereunder which may directly and adversely affect his legally protected interests;
F. that a general law cannot be made applicable to the designated flood control system and the provisions herein appertaining thereto because of a number of atypical and special conditions concerning them;
G. that for the accomplishment of these purposes, the provisions of this act shall be broadly construed.
History: 1953 Comp., § 75-36-2, enacted by Laws 1963, ch. 311, § 2.
Act designed to benefit Albuquerque flood control authority. — The Arroyo Flood Control Act was designed to directly benefit only the land included within the Albuquerque flood control authority. 1964 Op. Att'y Gen. No. 64-90.
Structure New Mexico Statutes
Article 16 - Albuquerque Metropolitan Arroyo Flood Control
Section 72-16-1 - Short title.
Section 72-16-2 - Legislative declaration.
Section 72-16-3 - Decision of board or governing body final.
Section 72-16-4 - Definitions.
Section 72-16-5 - Creation of authority.
Section 72-16-6 - Boundaries of authority.
Section 72-16-7 - Provision for remonstrances.
Section 72-16-8 - Board of directors.
Section 72-16-9 - Appointment of first board.
Section 72-16-10 - Election of directors.
Section 72-16-11 - Nomination of directors.
Section 72-16-12 - Filling vacancies on board.
Section 72-16-13 - Organizational meetings.
Section 72-16-14 - Board's administrative powers.
Section 72-16-15 - Records of board.
Section 72-16-16 - Meetings of board.
Section 72-16-16.1 - Joint powers agreement authorized.
Section 72-16-17 - Compensation of directors.
Section 72-16-18 - Interest in contracts and property disqualifications.
Section 72-16-19 - Flood control system; hearings thereon.
Section 72-16-20 - Implementing powers.
Section 72-16-21 - Protection of property rights.
Section 72-16-22 - Additional powers of the authority.
Section 72-16-23 - Levy and collection of taxes.
Section 72-16-24 - Levies to cover deficiencies.
Section 72-16-25 - Sinking fund.
Section 72-16-26 - Manner of levying and collecting taxes.
Section 72-16-27 - Delinquent taxes.
Section 72-16-35 - Dissolution of authority.
Section 72-16-36 - Filing of dissolution resolution.
Section 72-16-37 - Disposition of property, funds and taxes of authority.
Section 72-16-38 - Powers of public bodies.
Section 72-16-39 - Effect of extraterritorial functions.
Section 72-16-40 - Forms of borrowing.
Section 72-16-41 - Issuance of notes.
Section 72-16-42 - Issuance of warrants.
Section 72-16-43 - Maturities of notes and warrants.
Section 72-16-44 - Issuance of bonds and incurrence of debt.
Section 72-16-45 - Issuance of temporary bonds.
Section 72-16-46 - Issuance of interim debentures.
Section 72-16-47 - Payment of securities.
Section 72-16-48 - Additionally secured securities.
Section 72-16-49 - Pledge of revenues.
Section 72-16-50 - Ranking among different issues.
Section 72-16-51 - Ranking among securities of same issue.
Section 72-16-52 - Payment recital in securities.
Section 72-16-53 - Incontestable recital in securities.
Section 72-16-54 - Limitations upon payment of securities.
Section 72-16-55 - Limitations upon incurring any debt.
Section 72-16-56 - Security details.
Section 72-16-57 - Capitalization of costs.
Section 72-16-58 - Other security details.
Section 72-16-59 - Reissuance of securities.
Section 72-16-60 - Negotiability.
Section 72-16-61 - Single bonds.
Section 72-16-62 - Lost or destroyed securities.
Section 72-16-63 - Execution of securities.
Section 72-16-64 - Interest coupons.
Section 72-16-65 - Facsimile signatures.
Section 72-16-66 - Facsimile seal.
Section 72-16-67 - Signatures of predecessors in office.
Section 72-16-68 - Facsimile signatures of predecessors.
Section 72-16-69 - Repurchase of securities.
Section 72-16-70 - Customary provisions.
Section 72-16-71 - Sale of securities.
Section 72-16-72 - Sale discount or commission prohibited.
Section 72-16-73 - Application of proceeds.
Section 72-16-74 - Use of unexpended proceeds.
Section 72-16-75 - Validity unaffected by use of proceeds.
Section 72-16-76 - Covenants in security proceedings.
Section 72-16-77 - Remedies of security holders.
Section 72-16-78 - Limitations upon liabilities.
Section 72-16-79 - Cancellation of paid securities.
Section 72-16-80 - Interest after maturity.
Section 72-16-81 - Refunding bonds.
Section 72-16-82 - Method of issuance.
Section 72-16-83 - Limitations upon issuance.
Section 72-16-84 - Use of refunding bond proceeds.
Section 72-16-85 - Payment of refunding bonds.
Section 72-16-86 - Combination of refunding and other bonds.
Section 72-16-87 - Supplemental provisions.
Section 72-16-88 - Board's determination final.
Section 72-16-89 - Issuance of interim debentures and pledge of bonds as collateral security.
Section 72-16-90 - Interim debentures not to be extended.
Section 72-16-92 - Publication of resolution or proceedings.
Section 72-16-93 - Failure to contest legality constitutes bar.
Section 72-16-94 - Confirmation of contract proceedings.
Section 72-16-95 - Review and judgment of court.
Section 72-16-96 - Purpose of tax exemptions.
Section 72-16-97 - Property exempt from general taxes.
Section 72-16-98 - Securities and income therefrom exempt.
Section 72-16-99 - Freedom from judicial process.
Section 72-16-100 - Resort to judicial process.
Section 72-16-101 - Legal investments in securities.