New Mexico Statutes
Article 21 - Water and Sanitation Districts
Section 73-21-46 - Limitations upon issuance.

No bonds shall be refunded under the Water and Sanitation District Act unless the bonds either mature or are callable for prior redemption under their terms within ten years from the date of issuance of the refunding bonds, or unless the holders of them voluntarily surrender them for exchange or payment. Provision shall be made for paying the bonds refunded within that period of time. Interest on bonds may be increased, but it may not be increased to a rate exceeding six percent a year. The principal amount of the refunding bonds may exceed the principal amount of the refunded bonds, but only to the extent that any costs incidental to the refunding bonds or any interest on the bonds refunded in arrears or about to become due within three years from the date of the refunding bonds, or both the incidental costs and interest, are capitalized with the proceeds of refunding bonds. The principal amount of the refunding bonds may also exceed the principal amount of the refunded bonds if the aggregate principal and interest costs of the refunding bonds do not exceed the unaccrued costs of the bonds refunded. The principal amount of the refunding bonds may also be less than or the same as the principal amount of the bonds being refunded so long as provision is duly and sufficiently made for the payment of the refunded bonds.
History: 1953 Comp., § 75-18-43, enacted by Laws 1967, ch. 187, § 4; 1978 Comp., § 73-21-46; 2009, ch. 241, § 15.
The 2009 amendment, effective June 19, 2009, made grammatical changes.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 94 C.J.S. Waters § 234.

Structure New Mexico Statutes

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 73-21-6 - Petition.

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 73-21-12 - Organization of board; meetings; vacancies; election of officers[; removal of directors].

Section 73-21-13 - Meetings.

Section 73-21-14 - Elections.

Section 73-21-15 - Board increase; appointed members.

Section 73-21-15.1 - Appointment of first board.

Section 73-21-16 - General powers.

Section 73-21-17 - Taxes.

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 73-21-29 - Repealed.

Section 73-21-30 - Repealed.

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.