In its discretion the board may file a petition at any time in the district court in and for any county in which the authority is located wholly or in part, praying a judicial examination and determination of any power conferred or of any tax or rates or charges levied or of any act, proceeding or contract of the authority, whether or not said contract shall have been executed, including proposed contracts for the acquisition, improvement, equipment, maintenance, operation or disposal of any project for the authority. Such petition shall set forth the facts whereon the validity of such power, assessment, act, proceeding or contract is founded and shall be verified by the chairman of the board. Such action shall be in the nature of a proceeding in rem, and jurisdiction of all parties interested may be had by publication and posting, as hereinafter provided. Notice of the filing of said petition shall be given by the clerk of the court, under the seal thereof, stating in brief outline the contents of the petition and showing where a full copy of any contract therein mentioned may be examined. The notice shall be served by publication in at least five consecutive issues of a weekly newspaper of general circulation published in the county in which the principal office of the authority is located, and by posting the same in the office of the authority at least thirty days prior to the date fixed in said notice for the hearing on said petition. Jurisdiction shall be complete after such publication and posting. Any owner of property in the authority or person interested in the contract or proposed contract or in the premises may appear and move to dismiss or answer said petition at any time prior to the date fixed for said hearing or within such further time as may be allowed by the court; and the petition shall be taken as confessed by all persons who fail so to appear.
History: 1953 Comp., § 75-38-94, enacted by Laws 1967, ch. 156, § 94.
Structure New Mexico Statutes
Article 17 - Las Cruces Metropolitan Arroyo Flood Control
Section 72-17-1 - Short title.
Section 72-17-2 - Legislative declaration.
Section 72-17-3 - Decision of board or governing body final.
Section 72-17-4 - Definitions.
Section 72-17-5 - Creation of authority.
Section 72-17-6 - Boundaries of authority.
Section 72-17-7 - Provision for remonstrances.
Section 72-17-8 - Board of directors.
Section 72-17-9 - Appointment of first board.
Section 72-17-10 - Election of directors.
Section 72-17-11 - Nomination of directors.
Section 72-17-12 - Filling vacancies on board.
Section 72-17-13 - Organizational meetings.
Section 72-17-14 - Board's administrative powers.
Section 72-17-15 - Records of board.
Section 72-17-16 - Meetings of board.
Section 72-17-17 - Compensation of directors.
Section 72-17-18 - Interest in contracts and property disqualifications.
Section 72-17-19 - Flood control system; hearings thereon.
Section 72-17-20 - Implementing powers.
Section 72-17-21 - Protection of property rights.
Section 72-17-22 - Additional powers of authority.
Section 72-17-23 - Levy and collection of taxes.
Section 72-17-24 - Levies to cover deficiencies.
Section 72-17-25 - Sinking fund.
Section 72-17-26 - Manner of levying and collecting taxes.
Section 72-17-27 - Delinquent taxes.
Section 72-17-35 - Dissolution of authority.
Section 72-17-36 - Filing of dissolution resolution.
Section 72-17-37 - Disposition of property, funds and taxes of authority.
Section 72-17-38 - Powers of public bodies.
Section 72-17-39 - Effect of extraterritorial functions.
Section 72-17-40 - Forms of borrowing.
Section 72-17-41 - Issuance of notes.
Section 72-17-42 - Issuance of warrants.
Section 72-17-43 - Maturities of notes and warrants.
Section 72-17-44 - Issuance of bonds and incurrence of debt.
Section 72-17-45 - Issuance of temporary bonds.
Section 72-17-46 - Issuance of interim debentures.
Section 72-17-47 - Payment of securities.
Section 72-17-48 - Additionally secured securities.
Section 72-17-49 - Pledge of revenues.
Section 72-17-50 - Ranking among different issues.
Section 72-17-51 - Ranking among securities of same issue.
Section 72-17-52 - Payment recital in securities.
Section 72-17-53 - Incontestable recital in securities.
Section 72-17-54 - Limitations upon payment of securities.
Section 72-17-55 - Limitations upon incurring any debt.
Section 72-17-56 - Security details.
Section 72-17-57 - Capitalization of costs.
Section 72-17-58 - Other security details.
Section 72-17-59 - Reissuance of securities.
Section 72-17-60 - Negotiability.
Section 72-17-61 - Single bonds.
Section 72-17-62 - Lost or destroyed securities.
Section 72-17-63 - Execution of securities.
Section 72-17-64 - Interest coupons.
Section 72-17-65 - Facsimile signatures.
Section 72-17-66 - Facsimile seal.
Section 72-17-67 - Signatures of predecessors in office.
Section 72-17-68 - Facsimile signatures of predecessors.
Section 72-17-69 - Repurchase of securities.
Section 72-17-70 - Customary provisions.
Section 72-17-71 - Sale of securities.
Section 72-17-72 - Sale discount or commission prohibited.
Section 72-17-73 - Application of proceeds.
Section 72-17-74 - Use of unexpended proceeds.
Section 72-17-75 - Validity unaffected by use of proceeds.
Section 72-17-76 - Covenants in security proceedings.
Section 72-17-77 - Remedies of security holders.
Section 72-17-78 - Limitations upon liabilities.
Section 72-17-79 - Cancellation of paid securities.
Section 72-17-80 - Interest after maturity.
Section 72-17-81 - Refunding bonds.
Section 72-17-82 - Method of issuance.
Section 72-17-83 - Limitations upon issuance.
Section 72-17-84 - Use of refunding bond proceeds.
Section 72-17-85 - Payment of refunding bonds.
Section 72-17-86 - Combination of refunding and other bonds.
Section 72-17-87 - Supplemental provisions.
Section 72-17-88 - Board's determination final.
Section 72-17-89 - Issuance of interim debentures and pledge of bonds as collateral security.
Section 72-17-90 - Interim debentures not to be extended.
Section 72-17-92 - Publication of resolution or proceedings.
Section 72-17-93 - Failure to contest legality constitutes bar.
Section 72-17-94 - Confirmation of contract proceedings.
Section 72-17-95 - Review and judgment of court.
Section 72-17-96 - Purpose of tax exemptions.
Section 72-17-97 - Property exempt from general taxes.
Section 72-17-98 - Securities and income therefrom exempt.
Section 72-17-99 - Freedom from judicial process.
Section 72-17-100 - Resort to judicial process.
Section 72-17-101 - Legal investments in securities.