reglab/housing_qa huggingface dataset:
NM Stat § 4-50-16 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 50 - Flood Control|Section 4-50-16 - [Emergency district flood fund; superintendent failing to pay amounts collected; penalty; recovery.]

All moneys collected under the provisions of this act [4-50-10 to 4-50-17 NMSA 1978] shall be deposited with the county treasurer to the credit of a fund to be known as the "emergency district flood fund," and shall be used and applied solely for the purposes of this act within the districts where such moneys are collected. Each superintendent to whom any money shall be paid in lieu of work shall forthwith deposit the same with the county treasurer and take a receipt therefor, and shall file with the county clerk a correct list of the names of the persons paying such moneys. Any superintendent who shall fail, neglect or refuse to account as required by law for moneys collected by him, or shall fail, neglect or refuse to deposit moneys collected by him as hereinbefore provided, shall be guilty of a misdemeanor, and upon conviction thereof may be fined in any sum not exceeding two hundred dollars [($200)], or imprisoned in the county jail not exceeding ninety days, or suffer both fine and imprisonment. Any moneys which any superintendent shall fail, neglect or refuse to account for may also be recovered in a civil action upon the bond filed by such superintendent. History: Laws 1921, ch. 169, § 7; C.S. 1929, § 151-307; 1941 Comp., § 15-4716; 1953 Comp., § 15-50-16. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For payment of certain fines into fund, see 4-50-15 NMSA 1978. For use of certified copy in action on bond of officer, see 10-2-10 NMSA 1978. For failure, neglect or refusal to discharge duties of office and failure to account for moneys as causes for removal of local public officers, see 10-4-2 NMSA 1978.
NM Stat § 4-50-17 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 50 - Flood Control|Section 4-50-17 - [Powers and duties of superintendent.]

The said superintendent is hereby authorized and empowered in times of flood emergency to order headgates of ditches to be closed, ditches to be cut, flood waters to be drained through ditches or other channels already cut, or through ditches or channels to be cut for that purpose; dikes, dams, embankments and other structures to be erected, necessary labor to be employed, and necessary materials to be purchased, and generally to do all things according to the necessity and emergency existing. The superintendent and his agents, laborers and employes [employees] shall have the right of entry upon all premises necessary to control and suppress flood emergencies, and shall not be liable for any damage thereto except for any wanton or malicious injury. No expenditures hereunder shall be made by any superintendent in excess of the moneys in the emergency district flood funds at the time such expenditure is made. All moneys paid out of the emergency district flood fund shall be paid by warrants drawn by the board of county commissioners on vouchers filed and approved by the superintendent. Any person who shall willfully hinder, delay or obstruct any superintendent, his agents, laborers or employes [employees] from performing any of the duties imposed by this act [4-50-10 to 4-50-17 NMSA 1978] shall be guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed fifty dollars [($50.00)], or imprisoned in the county jail not to exceed thirty days, or suffer both such fine and imprisonment. History: Laws 1921, ch. 169, § 8; C.S. 1929, § 151-308; 1941 Comp., § 15-4717; 1953 Comp., § 15-50-17. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For accounts and claims against counties, see 4-45-3 NMSA 1978 et seq. For authority to call emergency flood workers, see 4-50-14, 4-50-15 NMSA 1978. For payment of certain moneys collected to county treasurer, see 4-50-16 NMSA 1978.
NM Stat § 4-51-1 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 51 - County Budget|Section 4-51-1 - Surplus revenues; application.

At the close of any calendar year, should the actual revenues exceed the estimated budget estimates of expenses as finally approved and certified, the excess money shall be applied on the budget estimate for the next succeeding year, except as provided in Section 6-6-19 NMSA 1978. History: Laws 1921, ch. 188, § 6; C.S. 1929, § 33-5906; 1941 Comp., § 15-4806; 1953 Comp., § 15-51-6; 1989, ch. 276, § 1. ANNOTATIONSCross references. — For powers and duties of local governmental bodies and local government division of state department of finance and administration with respect to financial affairs of local public bodies, see 6-6-1 NMSA 1978 et seq. For finances of counties, municipalities and school districts generally, see 6-6-7 NMSA 1978 et seq. Funds accumulated for remote contingencies or investment. — Counties may not accumulate funds as an unreserved general fund balance, for a remote contingency, or for the sole purpose of investment. They must apply excess funds in such categories to the following year's budget estimate. Counties, however, may designate or reserve excess funds for reasonably foreseeable contingencies or capital projects. 1988 Op. Att'y Gen. No. 88-56.
NM Stat § 4-51-2 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 51 - County Budget|Section 4-51-2 - [Violation of act; penalty; liability to county.]

Any official or employee violating the provisions of this act [4-51-1 to 4-51-3 NMSA 1978] shall, upon conviction thereof in a court of competent jurisdiction, be deemed guilty of a misdemeanor and punished by a fine not less than one hundred dollars [($100)] nor more than five hundred dollars [($500)], or by imprisonment, in the discretion of the court. Any county commissioner, or any other official whose duty it is to allow claims and issue warrants therefor, who issues warrants or evidences of indebtedness contrary to the provisions of this act shall be liable to the county for such violations, and recovery may be had against the bondsmen of such official. Any county treasurer or other official whose duty it is to pay warrants and evidences of indebtedness, who shall pay such warrants and evidences of indebtedness contrary to the provisions of this act, shall likewise be liable to the county for such violations, and recovery may be had against his bondsmen. History: Laws 1921, ch. 188, § 7; C.S. 1929, § 33-5907; 1941 Comp., § 15-4807; 1953 Comp., § 15-51-7. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For liability of county commissioners for moneys, warrants or indebtedness ordered paid out without authority of law, see 4-38-28 NMSA 1978. For liability of county commissioners for unauthorized approval of accounts, see 4-38-29 NMSA 1978. For financial affairs of counties, municipalities and school districts generally, see 6-6-7 NMSA 1978 et seq.
NM Stat § 4-51-3 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 51 - County Budget|Section 4-51-3 - [Repeal and saving clause.]

All acts and parts of acts in conflict with this act [4-51-1 to 4-51-3 NMSA 1978] are hereby repealed; provided that nothing herein contained shall be construed as repealing Sections 6-6-11, 6-6-13 to 6-6-18 NMSA 1978 or other existing statutory limitations upon the debt-contracting or tax-levying powers of boards of county commissioners or other boards and officials having such powers. History: Laws 1921, ch. 188, § 8; C.S. 1929, § 33-5908; 1941 Comp., § 15-4808; 1953 Comp., § 15-51-8. ANNOTATIONSCross references. — For powers and duties of local governmental bodies and local government division of state department of finance and administration with respect to financial affairs of local public bodies, see 6-6-1 NMSA 1978 et seq. For finances of counties, municipalities and school districts generally, see 6-6-7 NMSA 1978 et seq.
NM Stat § 4-52-1 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 52 - Refuse Disposal Districts|Section 4-52-1 - Short title.

This act [4-52-1 to 4-52-10, 4-52-11 to 4-52-15 NMSA 1978] may be cited as the "Refuse Disposal Act". History: 1953 Comp., § 15-52-1, enacted by Laws 1959, ch. 194, § 1. ANNOTATIONSCross references. — For the Special District Procedures Act, see 4-53-1 NMSA 1978 et seq. For authority of county to collect and dispose of garbage and rubbish, see 4-56-1 NMSA 1978 et seq. For collection and disposal of refuse by municipalities, see 3-48-1 NMSA 1978 et seq.
NM Stat § 4-52-2 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 52 - Refuse Disposal Districts|Section 4-52-2 - Definitions.

As used in the Refuse Disposal Act: A. "garbage" includes all waste food, swill, carrion, slops and all waste from the preparation, cooking and consumption of food and from the handling, storage and sale of food products and the carcasses of animals; B. "rubbish" includes all waste paper, paper cartons, tree branches, yard trimmings, discarded furniture, tin cans, dirt, ashes, bottles and all other unwholesome material of every kind not included as garbage; and C. "refuse" includes garbage and rubbish. History: 1953 Comp., § 15-52-2, enacted by Laws 1959, ch. 194, § 2.
NM Stat § 4-52-3 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 52 - Refuse Disposal Districts|Section 4-52-3 - Purpose of act.

The purpose of the Refuse Disposal Act is to safeguard and improve the public health through the proper disposition of refuse. History: 1953 Comp., § 15-52-3, enacted by Laws 1959, ch. 194, § 3.
NM Stat § 4-52-4 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 52 - Refuse Disposal Districts|Section 4-52-4 - Application of act.

A refuse disposal district may be organized and managed as herein provided, and is authorized to exercise the powers expressly granted or necessarily implied by the Refuse Disposal Act. History: 1953 Comp., § 15-52-4, enacted by Laws 1959, ch. 194, § 4.
NM Stat § 4-52-5 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 52 - Refuse Disposal Districts|Section 4-52-5 - Area.

A district must be entirely within one county and may consist of noncontiguous parcels of property, but shall not include any incorporated area. History: 1953 Comp., § 15-52-5, enacted by Laws 1959, ch. 194, § 5.
NM Stat § 4-52-6 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 52 - Refuse Disposal Districts|Section 4-52-6 - Petitions.

When fifty or more resident electors of a proposed district, or, if less than one hundred resident electors are involved, a majority of the resident electors of the proposed district, desire to form a district, they shall file a petition with the board of county commissioners. The petition shall define the boundaries of the proposed district and give reasons for requesting creation of the district, the proposed name for the district and other information pertinent to the proposal. History: 1953 Comp., § 15-52-6, enacted by Laws 1959, ch. 194, § 6.
NM Stat § 4-52-7 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 52 - Refuse Disposal Districts|Section 4-52-7 - Hearing; notice.

A. Within thirty days after the petition has been filed with the board of county commissioners, it shall cause due notice to be given by publication for three consecutive weeks immediately prior to action in a newspaper of general circulation in the county, or, if no newspaper of general circulation exists, shall post in not less than eight public places within the proposed area a notice of hearing upon the practicability and feasibility of creating the district. All interested parties have the right to attend the hearing and be heard. If it appears at the hearing that other lands should be included or that lands included in the petition should be excluded, the board of county commissioners may permit such inclusion or exclusion. B. If it appears upon hearing that it is desirable to include within the proposed district, territory outside of the area, within which due notice of hearing has been given, the hearing shall be adjourned and due notice of a further hearing given throughout the entire area considered for inclusion in the district, and a further hearing shall be held. After final hearing, if the board of county commissioners determine upon the facts presented at the hearing and upon other available information that there is need, in the interest of public health, safety and welfare for such a district to function in the territory considered, it shall make and record the determination and define by metes and bounds, or by legal subdivisions, the boundaries of the district. C. If the board determines after the hearing that it is not feasible for the district to function in the territory considered, it shall make and record the determination and deny the petition. History: 1953 Comp., § 15-52-7, enacted by Laws 1959, ch. 194, § 7. ANNOTATIONSCross references. — For publication of notice generally, see 14-11-1 NMSA 1978 et seq.
NM Stat § 4-52-8 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 52 - Refuse Disposal Districts|Section 4-52-8 - Referendum.

After the board of county commissioners has made and recorded a determination that there is need, in the interest of public health, safety and welfare, for creation of the proposed district, it shall consider the question whether the operation of a district within the proposed boundaries with the powers conferred upon districts in Section 11 [4-52-11 NMSA 1978] of the Refuse Disposal Act is administratively practicable and feasible. To assist it in this determination, the board shall, within a reasonable time after entry of the finding of need for organization of the district and determination of the boundaries of the district, hold a referendum within the proposed district upon the proposition of creation of the district. Due notice of the referendum shall be given as provided in Section 7 [4-52-7 NMSA 1978] of the Refuse Disposal Act. The notice shall state the date of holding the referendum, the hours of opening and closing the polls, and shall designate one or more places within the proposed district as polling places. The board shall appoint a polling superintendent and other necessary polling officers, giving equal representation to the proponents and opponents of the question involved. History: 1953 Comp., § 15-52-8, enacted by Laws 1959, ch. 194, § 8. ANNOTATIONSCross references. — For publication of notice generally, see 14-11-1 NMSA 1978 et seq.
NM Stat § 4-52-9 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 52 - Refuse Disposal Districts|Section 4-52-9 - Ballots.

The question to be voted on shall be submitted by ballots upon which appear the following: "For creation of .............................. Refuse Control District [ ] Against creation of .......................... Refuse Control District [ ]" A square shall follow each proposition. The ballot shall also contain a direction to insert an "X" mark in the square following one or the other of the propositions, as the voter may favor or oppose creation of the district. The ballot shall set forth the boundaries of the proposed district as determined by the board of county commissioners and the board's ordinance powers for the proposed district under Section 11 [4-52-11 NMSA 1978]. All electors residing within the boundaries of the territory, as determined by the board, shall be eligible to vote in the referendum. History: 1953 Comp., § 15-52-9, enacted by Laws 1959, ch. 194, § 9.
NM Stat § 4-52-10 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 52 - Refuse Disposal Districts|Section 4-52-10 - Votes; results.

The votes shall be counted by the election officers at the close of the polls and report of the results along with the ballots delivered to the polling superintendent, who shall certify the results to the board of county commissioners. If a majority of votes cast favor creation of the district, the board shall certify the results to the county clerk. Upon proper recording of this action, each district shall be duly created. History: 1953 Comp., § 15-52-10, enacted by Laws 1959, ch. 194, § 10.
NM Stat § 4-52-10.1 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 52 - Refuse Disposal Districts|Section 4-52-10.1 - Creation; alternate procedure.

In a class A county, the board of county commissioners may create a refuse disposal district by ordinance. The district shall consist only of contiguous parcels of property. The board shall create the district only after considering the feasibility of the district and the likelihood that services could be provided without the creation of the district. Upon passage of the ordinance, the district is duly created. History: 1978 Comp., § 4-52-10.1, enacted by Laws 1983, ch. 188, § 1.
NM Stat § 4-52-11 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 52 - Refuse Disposal Districts|Section 4-52-11 - Powers.

The board of county commissioners has power to: A. establish and fill a position of manager to manage and supervise the manner of storage, collection and disposal of refuse, and fix the compensation attached to the position, or may authorize and direct an administrative official of the county to assume the functions of the manager; B. provide for employment of personnel to operate and manage facilities for the storage, collection and disposal of refuse within the district; C. execute contracts on behalf of the district with any firm, corporation or individual to provide for collection and disposal of refuse within the district; D. execute contracts on behalf of the district with any incorporated village, town, city or other district for the joint operation of any refuse collection system and any sanitary landfill or other disposal method acceptable to the environmental improvement division of the health and environment department [department of environment] for the disposal of refuse; E. determine that collection and disposal of refuse is in the interest of public health, safety and welfare, and regulate collection and disposal within the district; F. by district ordinance, adopt on behalf of the district such schedules, rules and regulations and service charge rates imposed upon users as may be necessary for the orderly collection of refuse from the district and for maintenance and operation of sanitary landfills or other satisfactory disposal methods. The board shall, prior to adoption of rules and regulations, obtain approval from the environmental improvement division; G. acquire by purchase, gift, grant, bequest, devise or through condemnation proceedings, in the manner provided in the Eminent Domain Code [42A-1-1 to 42A-1-33 NMSA 1978], such property, rights-of-way or equipment as is necessary for exercise of any authorized function of the district; H. plan, construct, improve, operate and maintain such structures as may be necessary for performance of any function authorized by the Refuse Disposal Act; and I. receive all grants or assistance from and cooperate with county, municipal, state and federal agencies in carrying out the purpose of the Refuse Disposal Act. History: 1953 Comp., § 15-52-11, enacted by Laws 1959, ch. 194, § 11; 1981, ch. 125, § 45. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 1991, ch. 25, § 4 established the department of environment and provided that all references to the environmental improvement division of the health and environment department shall be construed to mean the department of environment. Cross references. — For eminent domain and condemnation generally, see N.M. Const., art. II, § 20 and 42A-1-1 NMSA 1978 et seq.
NM Stat § 4-52-12 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 52 - Refuse Disposal Districts|Section 4-52-12 - Addition of land.

A. Resident electors of an area without a district may petition the board of county commissioners to add the area to the district. The petition shall define the boundaries of the land desired to be annexed and give other information pertinent to such proposal. The petition shall be signed by twenty-five or more resident electors of the territory described, if fifty or more resident electors are involved, or by a majority if less than fifty resident electors are involved. B. Within thirty days after the petition is filed, the board shall cause due notice to be given, as provided in Section 7 [4-52-7 NMSA 1978], of hearing on the petition. All interested parties have a right to attend the hearing and be heard. The board shall determine whether the lands described in the petition or any portion thereof shall be included in the district. If all the resident electors of the territory involved are not petitioners, a referendum shall be held within the territory as provided in Sections 7 through 10 [4-52-7 to 4-52-10 NMSA 1978] of the Refuse Disposal Act, before making a final determination. If it is determined that the land should be added, this fact shall be certified by the board of county commissioners to the county clerk. History: 1953 Comp., § 15-52-12, enacted by Laws 1959, ch. 194, § 12. ANNOTATIONSCross references. — For area includable within district, see 4-52-5 NMSA 1978. For procedure for creation of district, see 4-52-6 to 4-52-10 NMSA 1978.
NM Stat § 4-52-13 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 52 - Refuse Disposal Districts|Section 4-52-13 - Detaching land.

Resident electors of lands which have not been, are not and cannot be benefited by their inclusion in the district, may petition the board of county commissioners to have the lands detached. The petition shall describe the lands and state the reasons why they should be detached. A hearing shall be held within thirty days after the petition is received. Due notice of hearing, as provided in Section 7 [4-52-7 NMSA 1978], shall be given at least ten days before the hearing. If it is determined by the board that such lands shall be detached, the determination shall be certified to the county clerk. History: 1953 Comp., § 15-52-13, enacted by Laws 1959, ch. 194, § 13. ANNOTATIONSCross references. — For area includable within district, see 4-52-5 NMSA 1978. For procedure for creation of district, see 4-52-6 to 4-52-10 NMSA 1978.
NM Stat § 4-52-14 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 52 - Refuse Disposal Districts|Section 4-52-14 - Discontinuance of districts.

A. Any time after five years from the organization of a district, fifty or more resident electors of a district, or, if less than one hundred resident electors are involved, a majority of the resident electors of the district, may file a petition with the board of county commissioners, praying that the existence of the district be discontinued. The petition shall state reasons for discontinuance and that all obligations of the district have been met. B. After giving notice, as defined in Section 7 [4-52-7 NMSA 1978], the board may conduct such hearings on the petition as may be necessary to assist it in making a determination. C. Within sixty days after petition is filed, a referendum shall be held under supervision of the board. No informalities in the conduct of the referendum shall invalidate it or its results if notice of the referendum has been given substantially as provided in Subsection B of this section. D. If a majority of votes cast in the referendum favor discontinuance of the district and it is found that all obligations have been met, the board shall make a determination that the district shall be discontinued. A copy of the determination shall be certified to the county clerk for recording. E. Any funds remaining after discontinuance shall revert to the county general fund. History: 1953 Comp., § 15-52-14, enacted by Laws 1959, ch. 194, § 14. ANNOTATIONSCross references. — For procedure for creation of district, see 4-52-6 to 4-52-10 NMSA 1978.