A. In every district, three members of the board shall be elected by the qualified electors pursuant to the provisions of the Local Election Act [Chapter 1, Article 22 NMSA 1978].
B. In those districts that have five board members, the board may by resolution designate two board members to serve by appointment. In those districts that have three board members, the board may by resolution expand the board to include two appointed board members. A resolution adopted pursuant to this subsection shall not be rescinded until two regular local elections have passed after adoption of the resolution.
C. The appointment of board members serving pursuant to a resolution adopted pursuant to Subsection B of this section shall be for a term of two years beginning July 1 of each even-numbered year and ending June 30 of the following even-numbered year. Appointed members of the board are not required to be qualified electors nor residents of the district.
D. Appointed board members are authorized to vote on all matters except for a tax or assessment of any kind proposed or approved pursuant to authority granted by Article 8, Section 9 of the constitution of New Mexico, which is limited to a vote of the elected members only.
History: 1953 Comp., § 75-18-13.1, enacted by Laws 1977, ch. 326, § 2; 1981, ch. 35, § 1; 1984, ch. 14, § 2; 1985, ch. 155, § 7; 1978 Comp., 73-21-15, repealed and reenacted by Laws 2019, ch. 212, § 263.
Repeals and reenactments. — Laws 2019, ch. 212, § 263 repealed former § 73-21-15 NMSA 1978 and enacted a new section effective April 3, 2019.
Laws 2019, ch. 212, § 284 repealed 73-21-15 NMSA 1978, as enacted by Laws 1977, ch. 326, § 2, relating to board increase, special election, effective April 3, 2019. For provisions of former section, see the 2018 NMSA 1978 on NMOneSource.com.
Structure New Mexico Statutes
Chapter 73 - Special Districts
Article 21 - Water and Sanitation Districts
Section 73-21-1 - [Declaration of purpose.]
Section 73-21-2 - Short title.
Section 73-21-3 - Purpose of water and sanitation districts.
Section 73-21-4 - Definitions.
Section 73-21-5 - Organization of district.
Section 73-21-7 - Bond of petitioners.
Section 73-21-8 - Notice of hearing on petition.
Section 73-21-9 - Hearing on petitions; election for organization and officers.
Section 73-21-10 - Filing decree.
Section 73-21-11 - [Board of directors; qualification; bond.]
Section 73-21-15 - Board increase; appointed members.
Section 73-21-15.1 - Appointment of first board.
Section 73-21-16 - General powers.
Section 73-21-18 - Levy and collection of taxes.
Section 73-21-19 - Levies to cover defaults and deficiencies.
Section 73-21-20 - Officers levy and collect taxes.
Section 73-21-21 - Sale for delinquencies; purchase by district.
Section 73-21-22 - Sinking fund.
Section 73-21-23 - Inclusion [of additional property].
Section 73-21-24 - Exclusion [from district].
Section 73-21-25 - Liability of property included or excluded.
Section 73-21-26 - Bonds; interest; form.
Section 73-21-27 - Community Service District Act provisions apply.
Section 73-21-28 - Board resolution; indebtedness; election.
Section 73-21-31 - Effect of election; subsequent elections.
Section 73-21-32 - Correction of faulty notices.
Section 73-21-33 - Early hearings.
Section 73-21-34 - Liberal construction.
Section 73-21-35 - Character of act.
Section 73-21-36 - Acquisition, construction or improvement of systems; joint revenue bonds.
Section 73-21-37 - Interest; maturity; form; method of sale.
Section 73-21-38 - Revenue bond issuance.
Section 73-21-39 - Bonds collectible from operating revenues.
Section 73-21-40 - Rates; bondholders' remedy and taxpayer elector.
Section 73-21-41 - Restricted use of bond funds.
Section 73-21-42 - Violations; penalties.
Section 73-21-43 - Validation; existing districts.
Section 73-21-44 - Sale of system; escrow of proceeds.
Section 73-21-45 - Refunding bonds.
Section 73-21-46 - Limitations upon issuance.
Section 73-21-47 - Proceeds of refunding bonds.
Section 73-21-48 - Refunding bonds; detail; form.
Section 73-21-49 - Combination of issues.
Section 73-21-50 - Tax levy for general obligation refunding bonds.
Section 73-21-51 - Applicability of other bond provisions.
Section 73-21-52 - Duties of local government division.
Section 73-21-53 - Use of bond proceeds restricted.
Section 73-21-54 - Board's determination final.
Section 73-21-55 - Districts not subject to utility laws; option to submit to regulation.