A. The moneys of every district shall consist of the following separate funds:
(1) "preliminary fund," by which is meant the proceeds of the level rate assessment authorized by Section 502 [73-16-2 NMSA 1978];
(2) "construction fund," by which is meant the proceeds of levies made against the special benefits appraised, equalized and confirmed;
(3) "maintenance fund," by which is meant the proceeds of a special assessment to be levied annually for the purpose of maintenance, upkeep, administration and current expenses;
(4) "general fund," by which is meant the moneys received by the district from any other source than hereinbefore set forth, and which may be withdrawn and placed in any other fund by order of the board.
B. The treasurer upon receipt of any moneys, shall credit the respective funds entitled thereto with the same. Money in the respective funds shall be withdrawn only upon warrants properly executed, in accordance with the form and requirements adopted by the board.
C. No warrants shall be drawn against the preliminary fund or the maintenance fund until an assessment-levying resolution shall have been properly passed by the board duly entered upon its records; and no bonds shall be issued against the construction fund until an assessment-levying resolution shall have been properly passed by the board and duly entered upon its records, and until the property owners shall have been given an opportunity, for a period of not less than sixty (60) days, to pay in cash the assessments so levied against their respective properties.
History: Laws 1927, ch. 45, § 501; C.S. 1929, § 30-501; 1941 Comp., § 77-2901; 1953 Comp., § 75-30-1.
Cross references. — For conservation and development fund, see 73-16-32 NMSA 1978.
For guaranty fund, see 73-16-41 NMSA 1978.
Law reviews. — For article, "Existing Legislation and Proposed Model Flood Plain Ordinance For New Mexico Municipalities," see 9 Nat. Resources J. 629 (1969).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 52A C.J.S. Levees and Flood Control § 40; 94 C.J.S. Waters § 337.
Structure New Mexico Statutes
Chapter 73 - Special Districts
Article 16 - Conservancy Districts; Financial Administration
Section 73-16-2 - Preliminary fund.
Section 73-16-3 - Power to borrow money for the preliminary fund.
Section 73-16-4 - Construction fund.
Section 73-16-6 - Payment of construction fund assessments.
Section 73-16-7 - Conservancy bonds.
Section 73-16-8 - Bonds tax exempt.
Section 73-16-9 - Bonds, investment of state funds.
Section 73-16-10 - Maintenance fund.
Section 73-16-11 - Power to borrow money for the maintenance fund.
Section 73-16-12 - Readjustment of maintenance fund assessments.
Section 73-16-13 - Assessment of public corporations.
Section 73-16-14 - Duties of officers of public corporations.
Section 73-16-15 - Annual levy.
Section 73-16-16 - Lien of assessments.
Section 73-16-17 - Revenue laws of state [applicable].
Section 73-16-18 - Division of assessment.
Section 73-16-19 - County takes property subject to lien of district assessments.
Section 73-16-20 - County commissioners cannot rebate district assessments.
Section 73-16-21 - Board may be purchaser on sale.
Section 73-16-22 - Special proceedings to enforce collections.
Section 73-16-23 - Assessment records prima facie evidence.
Section 73-16-24 - Remedy for defective assessments.
Section 73-16-25 - Ex-officio district treasurer.
Section 73-16-26 - Bond of county treasurer.
Section 73-16-27 - Duty of county treasurer to pay over tax; failure.
Section 73-16-28 - Surplus funds and annual reports.
Section 73-16-29 - Compensation of officials.
Section 73-16-30 - [Conservation and development of resources; assessments authorized.]
Section 73-16-31 - [Conservation and development fund assessment; levy; records; payment.]
Section 73-16-32 - [Conservation and development fund created; legislative finding.]
Section 73-16-33 - [Conservancy bonds; conservation and development issue.]
Section 73-16-34 - [Interest rate; sale to governmental agencies without advertisement.]
Section 73-16-35 - [Bonds tax exempt; investment of state funds.]
Section 73-16-36 - [Amount of bonds; use of proceeds; exemptions from assessment.]
Section 73-16-37 - [Application of other laws.]
Section 73-16-38 - [Bonds in serial form; maturity dates.]
Section 73-16-39 - [Bonds considered additional to other bonds; authority to issue; limitations.]
Section 73-16-40 - [Limited repeal.]
Section 73-16-41 - [Guaranty fund established in districts of 50,000 acres or more.]
Section 73-16-42 - [Tax levy for guaranty fund.]
Section 73-16-43 - [Levy and collection of tax for guaranty fund.]
Section 73-16-44 - [Disposition of guaranty fund.]
Section 73-16-45 - [Investment of guaranty fund.]
Section 73-16-46 - [Transfers from guaranty fund to other funds.]
Section 73-16-47 - [Other assessments unaffected.]
Section 73-16-48 - [Limitation on use of fund.]
Section 73-16-49 - [Application of Guaranty Fund Act.]
Section 73-16-50 - Refunding bonds; form; registration.
Section 73-16-51 - [Exchange or sale of bonds; incontestability.]
Section 73-16-52 - [Bonds tax exempt; investment of state funds.]