A. At any time after the filing of the petition for the organization of an authority and before the day fixed for the hearing for the county special district commission on said petition, the owner of any taxable property within the proposed authority may file a petition with the county special district commission stating the reasons why the property should not be included in the authority and requesting that the property be excluded from it. The petition shall be verified and shall describe the property sought to be excluded. The county special district commission shall hear the petition and all objections to it at the time of the hearing before the county special district commission on the petition for organization of the solid waste authority and said county special district commission shall determine whether the property should be excluded or included in the authority.
B. The county special district commission may deny the petition or may order the petition to be modified if the county special district commission, after hearing on the petition, finds that:
(1) the proposed solid waste authority and improvements therein cannot conform with state regulations;
(2) the solid waste authority improvements cannot be implemented within a reasonable time taking into consideration the applications for state and federal grants;
(3) there is a lacking or actual or impending need for the solid waste improvements proposed; or
(4) the boundaries of the proposed authority contain land that has no actual or impending need for a solid waste authority or cannot be reasonably expected to utilize the solid waste authority improvements.
History: Laws 1993, ch. 319, ยง 8.
Structure New Mexico Statutes
Chapter 74 - Environmental Improvement
Article 10 - Solid Waste Authority
Section 74-10-1 - Short title.
Section 74-10-2 - Legislative declaration.
Section 74-10-3 - Decision of board or governing body final.
Section 74-10-4 - Definitions.
Section 74-10-5 - Creation of a solid waste authority; board.
Section 74-10-6 - Oaths and bonds of board members.
Section 74-10-7 - Petition for creation of solid waste authority.
Section 74-10-8 - Hearing on petition.
Section 74-10-9 - Decision of the special district commission.
Section 74-10-10 - Filing special district commission order.
Section 74-10-11 - Districting the authority.
Section 74-10-12 - Board of directors.
Section 74-10-13 - Election of directors.
Section 74-10-14 - Election resolution.
Section 74-10-15 - Conduct of election.
Section 74-10-19 - Approval of proposals at election.
Section 74-10-20 - Filling vacancies on board.
Section 74-10-21 - Changing authority's boundaries.
Section 74-10-22 - Board's administrative powers.
Section 74-10-23 - Records of board.
Section 74-10-24 - Meetings of board.
Section 74-10-25 - Compensation of directors.
Section 74-10-26 - Interest in contracts and property disqualifications.
Section 74-10-27 - Powers of the authority.
Section 74-10-28 - Levy and collection of taxes.
Section 74-10-29 - Levies to cover deficiencies.
Section 74-10-30 - Elections for imposition of ad valorem taxes.
Section 74-10-31 - Conduct of election.
Section 74-10-32 - Sinking fund.
Section 74-10-33 - Manner of levying and collecting taxes.
Section 74-10-34 - Delinquent taxes.
Section 74-10-35 - Powers of public bodies.
Section 74-10-36 - Effect of extraterritorial functions.
Section 74-10-37 - Forms of borrowing.
Section 74-10-38 - Issuance of notes.
Section 74-10-39 - Issuance of warrants.
Section 74-10-40 - Maturities of notes and warrants.
Section 74-10-41 - Issuance of bonds and incurrence of debt.
Section 74-10-42 - Issuance of temporary bonds.
Section 74-10-43 - Issuance of interim debentures.
Section 74-10-44 - Payment of securities.
Section 74-10-45 - Additionally secured securities.
Section 74-10-46 - Pledge of revenues.
Section 74-10-47 - Ranking among different issues.
Section 74-10-48 - Ranking among securities of same issue.
Section 74-10-49 - Payment recital in securities.
Section 74-10-50 - Incontestable recital in securities.
Section 74-10-51 - Limitations upon payment of securities.
Section 74-10-52 - Limitations upon incurring any debt.
Section 74-10-53 - Security details.
Section 74-10-54 - Capitalization of costs.
Section 74-10-55 - Other security details.
Section 74-10-56 - Reissuance of securities.
Section 74-10-57 - Negotiability.
Section 74-10-58 - Single bonds.
Section 74-10-59 - Lost or destroyed securities.
Section 74-10-60 - Execution of securities.
Section 74-10-61 - Interest coupons.
Section 74-10-62 - Facsimile signatures.
Section 74-10-63 - Facsimile seal.
Section 74-10-64 - Signatures of predecessors in office.
Section 74-10-65 - Facsimile signatures of predecessors.
Section 74-10-66 - Repurchase of securities.
Section 74-10-67 - Customary provisions.
Section 74-10-68 - Sale of securities.
Section 74-10-69 - Sale discount or commission prohibited.
Section 74-10-70 - Application of proceeds.
Section 74-10-71 - Use of unexpended proceeds.
Section 74-10-72 - Validity unaffected by use of proceeds.
Section 74-10-73 - Covenants in security proceedings.
Section 74-10-74 - Remedies of security holders.
Section 74-10-75 - Limitations upon liabilities.
Section 74-10-76 - Cancellation of paid securities.
Section 74-10-77 - Interest after maturity.
Section 74-10-78 - Refunding bonds.
Section 74-10-79 - Method of issuance.
Section 74-10-80 - Limitations upon issuance.
Section 74-10-81 - Use of refunding bond proceeds.
Section 74-10-82 - Payment of refunding bonds.
Section 74-10-83 - Combination of refunding and other bonds.
Section 74-10-84 - Supplemental provisions.
Section 74-10-85 - Board's determination final.
Section 74-10-86 - Issuance of interim debentures and pledge of bonds as collateral security.
Section 74-10-87 - Interim debentures not to be extended.
Section 74-10-89 - Publication of resolution or proceedings.
Section 74-10-90 - Failure to contest legality constitutes bar.
Section 74-10-91 - Confirmation of contract proceedings.
Section 74-10-92 - Review and judgment of court.
Section 74-10-93 - Purpose of tax exemptions.
Section 74-10-94 - Property exempt from general taxes.
Section 74-10-95 - Securities and income therefrom exempt.
Section 74-10-96 - Freedom from judicial process.
Section 74-10-97 - Resort to judicial process.
Section 74-10-98 - Legal investments in securities.