A. At the time that a proposal to incur debt is first submitted to the qualified electors, the qualified electors of the authority shall elect five qualified directors, two to serve a term ending January 1, 2011, two to serve a term ending January 1, 2013 and one to serve a term ending January 1, 2015. At the first election, the five candidates receiving the highest number of votes shall be elected as directors. The terms of the directors shall be determined by lot at their organizational meeting.
B. Upon the exclusion of land pursuant to Subsection C of Section 72-20-6 NMSA 1978, the two directors elected in the 2010 general election shall be deemed to have resigned, and, notwithstanding the provisions of Section 72-20-12 NMSA 1978, their positions shall not be filled. Thereafter, the board shall consist of three directors. The board shall divide the authority into three single-member districts. The following provisions shall govern the procedure for converting to single-member districts:
(1) the districts shall be as contiguous, compact and as equal in population as is practicable;
(2) remaining terms for the three incumbent directors shall be chosen by lot so that one term expires on January 1, 2013, one term expires on January 1, 2015 and one term expires on January 1, 2017;
(3) if, as a result of the division of the authority into districts, two or more incumbent directors reside within the same district, the board shall determine, by lot, one of the directors to represent the district, and the other directors residing within that district shall represent the authority at large until their terms expire;
(4) if, as a result of the exclusion of land pursuant to Subsection C of Section 72-20-6 NMSA 1978, one or more incumbent directors reside outside of any district, the directors shall represent the authority at large until their terms expire; and
(5) if more than one director represents the authority at large pursuant to Paragraph (3) or (4) of this subsection, the board shall determine by lot the district that will elect a resident to succeed a director-at-large as the term of each director-at-large expires.
C. A director who is a qualified elector and a resident of the district shall be elected by the qualified electors who are residents of that district to serve a six-year term. Elections for directors shall be held pursuant to the Local Election Act [Chapter 1, Article 22 NMSA 1978].
D. Nothing in this section shall be construed as preventing qualified electors of the authority from being elected or reelected as directors to succeed themselves; provided that they reside in the district from which they are elected.
E. As soon as feasible after each federal decennial census, the board shall assess the existing districts to determine if the districts remain as equal in population as is practicable and, if necessary, shall redistrict the authority into districts that remain contiguous, compact and as equal in population as is practicable; provided that:
(1) a redistricting shall be effective at the next following local election;
(2) an incumbent director whose residence is redistricted out of the district represented by the director shall serve until the next local election, at which a qualified elector who resides within the district shall be elected to fill the unexpired term; and
(3) the board shall notify the county clerk of the new district boundaries.
History: Laws 2007, ch. 99, § 10; 2011, ch. 100, § 4; 2018, ch. 79, § 135.
The 2018 amendment, effective July 1, 2018, provided that elections for directors of the eastern Sandoval county arroyo flood control authority shall be held pursuant to the Local Election Act, required the board to notify the county clerk of new district boundaries after redistricting following each federal decennial census, and made technical and conforming changes; in Subsection A, deleted "or at the first general election following March 30, 2007, whichever occurs first"; in Subsection C, deleted "At the 2012 and each subsequent general election, for the single-member district in which the term of the incumbent director or the term of a director-at-large assigned by lot pursuant to Paragraph (2) of Subsection B of this section will expire on the first day of the January immediately following the election", and added "Elections for directors shall be held pursuant to the Local Election Act."; and in Subsection E, deleted "general" and added "local" preceding "election" throughout the subsection, and added Paragraph E(3).
The 2011 amendment, effective April 6, 2011, provided for the transition to a smaller board of directors and to single member districts, the division of the authority into three single-member districts, the election of directors from single-member districts, and the redistricting of the authority after each decennial census.
Structure New Mexico Statutes
Article 20 - Eastern Sandoval County Arroyo Flood Control Act
Section 72-20-1 - Short title.
Section 72-20-2 - Legislative declaration.
Section 72-20-3 - Decision of board or governing body final.
Section 72-20-4 - Definitions.
Section 72-20-5 - Creation of authority.
Section 72-20-6 - Boundaries of authority.
Section 72-20-7 - Petition for exclusion.
Section 72-20-8 - Board of directors.
Section 72-20-9 - Appointment of first board; initial management.
Section 72-20-10 - Election of directors; single-member districts.
Section 72-20-11 - Nomination of directors.
Section 72-20-12 - Filling vacancies on the board.
Section 72-20-13 - Organizational meetings.
Section 72-20-14 - Board's administrative powers.
Section 72-20-15 - Records of board.
Section 72-20-16 - Meetings of the board.
Section 72-20-17 - Compensation of directors.
Section 72-20-18 - Interest in contracts and property disqualifications.
Section 72-20-19 - Flood control system; hearings.
Section 72-20-20 - Implementing powers.
Section 72-20-21 - Protection of property rights.
Section 72-20-22 - Additional powers of the authority.
Section 72-20-23 - Levy and collection of taxes.
Section 72-20-24 - Levies to cover deficiencies.
Section 72-20-25 - Sinking fund.
Section 72-20-26 - Manner of levying and collecting taxes.
Section 72-20-27 - Delinquent taxes.
Section 72-20-35 - Dissolution of authority.
Section 72-20-36 - Filing of dissolution resolution.
Section 72-20-37 - Disposition of property, funds and taxes of authority.
Section 72-20-38 - Powers of public bodies.
Section 72-20-39 - Effects of extraterritorial functions.
Section 72-20-40 - Forms of borrowing.
Section 72-20-41 - Issuance of notes.
Section 72-20-42 - Issuance of warrants.
Section 72-20-43 - Maturities of notes and warrants.
Section 72-20-44 - Issuance of bonds and incurrence of debt.
Section 72-20-45 - Issuance of temporary bonds.
Section 72-20-46 - Issuance of interim debentures.
Section 72-20-47 - Payment of securities.
Section 72-20-48 - Additionally secured securities.
Section 72-20-49 - Pledge of revenues.
Section 72-20-50 - Ranking among different issues.
Section 72-20-51 - Ranking among securities of same issue.
Section 72-20-52 - Payment recital in securities.
Section 72-20-53 - Incontestable recital in securities.
Section 72-20-54 - Limitations upon payment of securities.
Section 72-20-55 - Limitations upon incurring any debt.
Section 72-20-56 - Security details.
Section 72-20-57 - Capitalization of costs.
Section 72-20-58 - Other security details.
Section 72-20-59 - Reissuance of securities.
Section 72-20-60 - Negotiability.
Section 72-20-61 - Single bonds.
Section 72-20-62 - Lost or destroyed securities.
Section 72-20-63 - Execution of securities.
Section 72-20-64 - Interest coupons.
Section 72-20-65 - Facsimile signatures.
Section 72-20-66 - Facsimile seal.
Section 72-20-67 - Signatures of predecessors in office.
Section 72-20-68 - Facsimile signatures of predecessors.
Section 72-20-69 - Repurchase of securities.
Section 72-20-70 - Customary provisions.
Section 72-20-71 - Sale of securities.
Section 72-20-72 - Sale discount or commission prohibited.
Section 72-20-73 - Application of proceeds.
Section 72-20-74 - Use of unexpended proceeds.
Section 72-20-75 - Validity unaffected by use of proceeds.
Section 72-20-76 - Covenants in security proceedings.
Section 72-20-77 - Remedies of security holders.
Section 72-20-78 - Limitations upon liabilities.
Section 72-20-79 - Cancellation of paid securities.
Section 72-20-80 - Interest after maturity.
Section 72-20-81 - Refunding bonds.
Section 72-20-82 - Method of issuance.
Section 72-20-83 - Limitations upon issuance.
Section 72-20-84 - Use of refunding bond proceeds.
Section 72-20-85 - Payment of refunding bonds.
Section 72-20-86 - Combination of refunding and other bonds.
Section 72-20-87 - Supplemental provisions.
Section 72-20-88 - Board's determination final.
Section 72-20-89 - Issuance of interim debentures and pledge of bonds as collateral security.
Section 72-20-90 - Interim debentures not to be extended.
Section 72-20-92 - Publication of resolution or proceedings.
Section 72-20-93 - Failure to contest legality constitutes bar.
Section 72-20-94 - Confirmation of contract proceedings.
Section 72-20-95 - Review and judgment of court.
Section 72-20-96 - Purpose of tax exemptions.
Section 72-20-97 - Property exempt from general taxes.
Section 72-20-98 - Securities and income therefrom exempt.
Section 72-20-99 - Freedom from judicial process.
Section 72-20-100 - Resort to judicial process.
Section 72-20-101 - Legal investments in securities.