On the second Monday next succeeding the first eletcion [election] provided for by this act [73-8-1 to 73-8-60 NMSA 1978], the board of county commissioners shall meet and proceed to canvass the votes cast at such election and declare the result as by this act provided.
If it shall appear that the proposition for the formation of the proposed district has received a majority of the votes cast as hereinbefore provided, said board shall by an order entered upon its minutes declare the proposed drainage district, under the name and style theretofore designated, as having been duly created, established and organized, and in said order shall set forth the names of the persons found to have been duly elected directors as aforesaid. The board shall cause a copy of such order, together with a plat of said district, duly certified by the county clerk, to be immediately filed for record in the office of the county clerk of each county in which any portion of such lands shall be situate; and no board of county commissioners of any county wherein shall be included any portion of such district shall, after the date of the organization of such district, allow another district to be formed including any of the lands of such district without the consent of the board of directors thereof; and from and after the date of such filing the organization of such district shall be deemed to be complete, and the officers so as aforesaid elected shall immediately enter upon the discharge of the duties of their respective offices upon qualifying in accordance with law and shall hold such offices respectively until their successors are elected and qualified.
For the purpose of the first election hereinbefore provided for, if in the judgment of the board of county commissioners it is necessary so to do, such board may establish election precincts and polling places in addition to the number hereinbefore prescribed, and define the boundaries thereof, and such precincts may thereafter be changed by the board of directors of such district. In event of additional election precincts and polling places being designated as aforesaid, judges of election for each such precinct shall be appointed, one of whom shall act as clerk of election.
History: Laws 1917, ch. 22, § 12; C.S. 1929, § 40-212; 1941 Comp., § 77-2012; 1953 Comp., § 75-21-12.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes. — The words "this act" refers to Laws 1917, ch. 22, §§ 1 to 60, now compiled as 73-8-1 to 73-8-60 NMSA 1978.
Structure New Mexico Statutes
Chapter 73 - Special Districts
Article 8 - Drainage Districts Within Federal Reclamation Projects
Section 73-8-1 - [Organization of districts.]
Section 73-8-2 - [Petition; filing; contents; publication of notice.]
Section 73-8-3 - [Publications; language; time and manner.]
Section 73-8-4 - [Hearings; boundaries; election divisions; mandamus.]
Section 73-8-5 - [District officers.]
Section 73-8-6 - [Number of directors and election divisions.]
Section 73-8-7 - [Notice of election; publication.]
Section 73-8-8 - [Conduct of elections.]
Section 73-8-9 - [Majority and plurality.]
Section 73-8-10 - [Providing ballots.]
Section 73-8-11 - ["Resident freeholder" defined.]
Section 73-8-12 - [Canvass of votes of first election; order.]
Section 73-8-13 - [Biennial election date.]
Section 73-8-14 - [Official oaths.]
Section 73-8-15 - [Directors' offices; conduct of elections after organization.]
Section 73-8-17 - [Canvass of returns after organization.]
Section 73-8-21 - [Title and management of property.]
Section 73-8-22 - [Powers of board; judicial notice of district organization.]
Section 73-8-23 - [Elections on bond issues and federal contracts; conduct; terms of bonds.]
Section 73-8-24 - [Assessments for bond interest and installments.]
Section 73-8-26 - [Certification of amounts to be assessed.]
Section 73-8-27 - [Duties of county assessor relating to district.]
Section 73-8-30 - [Application of general revenue laws.]
Section 73-8-31 - [Warrants; restrictions on issuance and payment; register.]
Section 73-8-32 - [Expense levy; power of constructing system; rights-of-way; state land.]
Section 73-8-33 - [Compensation and expenses of directors and president; offenses; penalty.]
Section 73-8-34 - [Incurrence of unauthorized debt prohibited.]
Section 73-8-35 - [Changing boundaries; effect.]
Section 73-8-36 - [Petition for inclusion of adjacent land; acknowledgment.]
Section 73-8-37 - [Notice of hearing on petition to include lands; contents; expenses.]
Section 73-8-38 - [Hearing; procedure; effect.]
Section 73-8-39 - [Requiring payment of pro rata share of prior costs.]
Section 73-8-40 - [Rejection or acceptance of petition to include lands; orders.]
Section 73-8-41 - [Filing certified copy of order including land, with map; effect.]
Section 73-8-42 - [Recording petition in minutes of board; evidential value.]
Section 73-8-43 - Powers of fiduciaries.
Section 73-8-44 - [Revising election divisions and precincts after including more land.]
Section 73-8-45 - [Excluding land.]
Section 73-8-46 - [Petition for exclusion of land after organization.]
Section 73-8-47 - [Publication of notice of hearing on exclusion of land; contents; expenses.]
Section 73-8-48 - [Hearing on petition for exclusion of land.]
Section 73-8-49 - [Order for denial or approval of exclusion of land.]
Section 73-8-50 - [Filing order of exclusion and new plat; effect.]
Section 73-8-51 - [Revising election divisions and precincts after exclusion of land.]
Section 73-8-52 - [Dissolution of district; petition; election; restrictions.]
Section 73-8-53 - [Canvass of vote; declaration of dissolution; filing.]
Section 73-8-54 - [Special actions for validation of proceedings of board.]
Section 73-8-55 - [Petition for validation of board proceedings; contents.]
Section 73-8-56 - [Hearing on petition for validation of board proceedings.]
Section 73-8-57 - [Demurrers and answers to petition for validation of board proceedings.]
Section 73-8-58 - [Consideration and judgment on petition to validate board proceedings.]