As used in the Flood Control District Act:
A. "acquisition" or "acquire" includes the opening, laying out, establishment, purchase, construction, securing, installation, reconstruction, lease, gift or grant from the federal government, any public body or person or any endowment, bequest, devise, condemnation, transfer, assignment, option to purchase, other contract or other acquirement of facilities, other property, any project or an interest authorized by the Flood Control District Act;
B. "board" means the board of directors of a district, which board shall consist of five directors;
C. "chair" means the chair of the board and president of a district;
D. "cost" or "cost of the project" means all or any part of the cost designated by the board of any facilities, project or interest in any facilities or project being acquired, and of all or any property, rights, easements, privileges, agreements and franchises deemed by the district to be necessary or useful and convenient in connection with the facilities or project, which cost, at the option of the board, may include all or any part of the incidental costs pertaining to the project and all other expenses necessary or desirable and appertaining to any project, as estimated by the board;
E. "director" means a member of the board of a district;
F. "disposal" or "dispose" includes the sale, destruction, razing, loan, lease, gift, grant, transfer, assignment, mortgage, option to sell, other contract or other disposition of facilities, other property or any project or an interest in any facilities, property or project authorized by the Flood Control District Act;
G. "district" means a flood control district created pursuant to the Flood Control District Act;
H. "equipment" or "equip" includes the furnishing of all necessary or desirable, related or appurtenant facilities appertaining to any facilities, property, project or interest in any facilities, property or project authorized by the Flood Control District Act;
I. "facility" includes any of the sewer facilities or other property appertaining to the flood control system of any district;
J. "federal government" means the United States or any agency, instrumentality or corporation thereof;
K. "federal securities" means bills, certificates of indebtedness, notes, bonds or other obligations that are direct obligations of, or the principal and interest of which obligations are unconditionally guaranteed by, the United States;
L. "improvement" or "improve" means the extension, widening, lengthening, betterment, alteration, reconstruction, repair or other improvement of facilities, other property or any project, or any interest in any facilities, property or project, authorized by the Flood Control District Act;
M. "person" means an individual, association, partnership, firm or corporation, excluding a public body and excluding the federal government;
N. "president" means the president of a district and the chair of the board of the district;
O. "project" includes any structure, facility or system relating to the flood control system that a district is authorized by the Flood Control District Act to acquire, improve, equip, maintain or operate, which may be located within and without the district's boundaries;
P. "publication" or "publish" means publication in at least one newspaper published in the district or proposed district in the English language at least once a week and of general circulation in the district or proposed district or, if no such newspaper is published in the district or proposed district, then in a newspaper published in the state in the English language at least once a week and of general circulation in the district or proposed district, which publication shall be at least once a week for three consecutive weeks by three weekly insertions. It is not necessary that publication be made on the same day of the week in each of the three calendar weeks, but not less than fourteen days shall intervene between the first publication and the last publication;
Q. "public body" means the state or any agency, instrumentality or corporation or any political subdivision of the state, excluding districts and excluding the federal government;
R. "revenues" means income, other than tax proceeds, of a district;
S. "secretary" means the secretary of a district;
T. "securities" means any notes, warrants, bonds or interim debentures or other obligations of a district authorized by the Flood Control District Act;
U. "sewer facilities" includes any one or more of the various devices used in the collection, channeling, impounding or disposition of storm, flood or surface drainage waters, including all inlets, collection, drainage or disposal lines, canals, intercepting sewers, outfall sewers, all pumping, power and other equipment and appurtenances, all extensions, improvements, remodeling, additions and alterations and any rights or interest in the sewer facilities; and
V. "treasurer" means the treasurer of a district.
History: Laws 1981, ch. 377, § 3; 2019, ch. 212, § 238.
The 2019 amendment, effective April 3, 2019, revised the definitions of "cost", "disposal", equipment", and "improvement", and removed the definition of "qualified registered elector", as used in the Flood Control District Act; in Subsection D, after "project or interest", deleted "therein" and added "in any facilities or project", and after "in connection", deleted "therewith" and added "with the facilities or project"; in Subsection F, after "project or an interest", deleted "therein" and added "in any facilities, property or project"; in Subsection H, after "property, project or interest", deleted "therein" and added "in any facilities, property or project"; in Subsection L, after "or any interest", deleted "therein" and added "in any facilities, property or project"; and deleted Subsection R, which defined "qualified registered elector", and redesignated former Subsections S through W as Subsections R through V, respectively.
Structure New Mexico Statutes
Article 18 - Flood Control Districts
Section 72-18-1 - Short title.
Section 72-18-2 - Legislative declaration.
Section 72-18-3 - Definitions.
Section 72-18-4 - Organization of district; jurisdiction.
Section 72-18-6 - Bond of petitioners.
Section 72-18-7 - Notice of hearing on petition.
Section 72-18-9 - Nominations for initial board.
Section 72-18-10 - Organizational election.
Section 72-18-11 - Filing decree.
Section 72-18-12 - Board of directors; qualification; bond.
Section 72-18-13 - Organization of board; initial terms of directors.
Section 72-18-14 - Election of directors.
Section 72-18-15 - Vacancies on the board.
Section 72-18-16 - Meetings of board.
Section 72-18-17 - Compensation of directors.
Section 72-18-18 - Interest in contracts and property disqualifications.
Section 72-18-19 - Board's administrative powers.
Section 72-18-20 - Additional powers.
Section 72-18-21 - Levy and collection of taxes.
Section 72-18-22 - Reserve fund.
Section 72-18-23 - Delinquent taxes.
Section 72-18-24 - Inclusion of additional property.
Section 72-18-25 - Exclusion from district.
Section 72-18-25.1 - Exclusion from district; boundary adjustments.
Section 72-18-26 - Liability of property included or excluded.
Section 72-18-27 - Dissolution; petition for election; application.
Section 72-18-28 - Dissolution; requirements for application.
Section 72-18-29 - Dissolution; notice of filing application.
Section 72-18-30 - Dissolution; hearings; court powers.
Section 72-18-31 - Dissolution; election notice.
Section 72-18-32 - Dissolution; limitation on elections.
Section 72-18-33 - Dissolution; order entered; conditions attached.
Section 72-18-34 - Dissolution; disposition of remaining funds.
Section 72-18-35.1 - Election of directors; established district.
Section 72-18-42 - Powers of public bodies.
Section 72-18-43 - Effect of extraterritorial functions.
Section 72-18-44 - Forms of borrowing.
Section 72-18-45 - Issuance of notes.
Section 72-18-46 - Issuance of warrants.
Section 72-18-47 - Maturities of notes and warrants.
Section 72-18-48 - Issuance of bonds and incurrence of debt.
Section 72-18-49 - Issuance of interim debentures.
Section 72-18-50 - Payment of securities.
Section 72-18-51 - Additionally secured securities.
Section 72-18-52 - Pledge of revenues.
Section 72-18-53 - Payment recital in securities.
Section 72-18-54 - Limitations upon payment of securities.
Section 72-18-55 - Security details.
Section 72-18-56 - Capitalization of costs.
Section 72-18-57 - Execution of securities and interest coupons.
Section 72-18-58 - Signatures of predecessors in office.
Section 72-18-59 - Repurchase of securities.
Section 72-18-60 - Limitations on liabilities.
Section 72-18-61 - Interest after maturity.
Section 72-18-62 - Refunding bonds.
Section 72-18-63 - Issuance of interim debentures and pledge of bonds as collateral security.
Section 72-18-64 - Interim debentures not to be extended.
Section 72-18-66 - Publication or resolution of proceedings; actions.
Section 72-18-67 - Property exempt from general taxes.
Section 72-18-68 - Securities and income exempt.