A. In the event the vote results in approval of the dissolution, the court shall enter an order dissolving the district for all purposes or for all purposes except those reserved in the plan, if any. The order shall state that there are no outstanding securities or other financial obligations or that any such securities or other financial obligations are adequately secured by escrow funds or federal securities, or, if the district has outstanding securities or other obligations, such order shall incorporate the provisions of the court's findings accepting the plan for dissolution, including the provisions relating to protection of creditors by means of the agreement as specified in Section 30 [72-18-30 NMSA 1978] of the Flood Control District Act.
B. Whenever the functions of the district are to be continued, the court may provide that all or certain members of the board shall remain in office, subject to appointment by the court to fill vacancies, for performance of duties under Subsections C and D of this section.
C. If the board is continued in existence for the purpose of the payment of securities or other financial obligations, the order for dissolution shall provide that the board shall be responsible for certifying to the board of county commissioners the amount of revenue to be raised by the annual mill levy of the district necessary for payment of the district's obligations.
D. In any case in which an agreement has been made for continuation of the functions of the district, the court may authorize the board to continue in existence for the purpose of seeing to the performance of the agreement, including negotiations relating to any future modifications, procedures for which are provided for in the original agreement. The court's order may in such case specify that its jurisdiction over the dissolution continues for the purpose of considering any future modifications or other questions concerned with performance of the agreement.
History: Laws 1981, ch. 377, ยง 33.
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.