reglab/housing_qa huggingface dataset:
NM Stat § 3-27-5 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 27 - Water Facilities|Section 3-27-5 - Potable; contracts for acquiring and supplementing supply; storage; payments from water charges; joint water supply contracts between two or more municipalities.

A. For the purpose of obtaining, securing or supplementing its water supply and providing for the storage, treatment, distribution and transportation of water, a municipality may by ordinance: (1) contract over a period of years with: (a) the United States government or any of its agencies; (b) the state of New Mexico or any of its agencies, boards or instrumentalities; or (c) any person or association; (2) agree to accept any pay for a specified amount of water per annum during the term of the contract; and (3) adopt and enforce water charges sufficient to meet the payments required by the contract. B. Payments required by a contract authorized by this section shall be made from any funds of the municipality other than the proceeds from an ad valorem tax and shall be considered an expense of the operation and maintenance of the water utility. In no event shall the obligation to make such payments be considered a general obligation or indebtedness of the municipality within the meaning of any constitutional or statutory provision. C. Two or more municipalities may become parties to any contract authorized by this section. History: 1953 Comp., § 14-26-5, enacted by Laws 1965, ch. 300. ANNOTATIONSAppropriation of underground water. — Where a municipality files applications with the state engineer to appropriate underground water, only if they are approved will any type of purchase financing be required and only subsequent to such approval could the amount of the obligation be ascertainable, in which event such financing might be accomplished by means which would satisfy the requisites of either this section or 6-6-11 NMSA 1978. City of Hobbs v. State ex rel. Reynolds, 1970-NMSC-133, 82 N.M. 102, 476 P.2d 500. Contract for lease amounted to invalid contract of sale. — An ordinance creating a contract termed a lease for water supply for a town, the town to become owner in 10 years, amounted to a contract of sale and was invalid because not submitted to the voters. Hagerman v. Town of Hagerman, 1914-NMSC-037, 19 N.M. 118, 141 P. 613. Am. Jur. 2d, A.L.R. and C.J.S. references. — Special requirements of consumer as giving rise to implied contract by public utility to furnish particular amount of electricity, gas, or water, 13 A.L.R.2d 1233.
NM Stat § 3-27-6 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 27 - Water Facilities|Section 3-27-6 - Judicial examination, approval and confirmation.

In their discretion, municipalities through their respective governing bodies, may file a petition at any time in the district court in and for the county in which such municipality is located, praying a judicial examination, approval and confirmation of contracts authorized by Section 3-27-5 NMSA 1978. The petition shall set forth the facts whereon the validity of the contract is founded and shall be verified by an appropriate official of the governing body. The action shall be in the nature of a proceeding in rem, and jurisdiction of all parties interested may be had by publication and posting. The court shall fix the time for the hearing of the petition and shall order the clerk of the court, under the seal thereof, to give notice of the filing of the petition, stating in brief outline the contents of the petition and showing where a full copy of any contract therein mentioned may be examined. The notice shall also state the time and place fixed for the hearing of the petition, and that any owner of property, or any resident, within the limits of the municipality, or any person interested in the contract or in the premises, may at any time, prior to the date fixed for the hearing or within such further time as may be allowed by the court, appear and move to dismiss or answer the petition. The notice shall be served by publication once each week for four consecutive weeks in a newspaper of general circulation published in the county wherein the case is pending, and by posting the notice in the office of the clerk of the municipality, at least thirty days prior to the date fixed in the notice for the hearing of the petition. Jurisdiction shall be complete after the publication and posting. Any owner of property, or any resident, within the limits of the municipality, or any person interested in the contract or in the premises, may appear and move to dismiss or answer the petition at any time prior to the date fixed for the hearing or within any additional time as may be allowed by the court, and the petition shall be taken as confessed by all persons who fail so to appear. History: 1953 Comp., § 14-26-6, enacted by Laws 1965, ch. 310, § 1.
NM Stat § 3-27-7 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 27 - Water Facilities|Section 3-27-7 - Hearing; costs; review.

At the hearing the court shall have power and jurisdiction to examine into and determine all matters and things affecting the question submitted, and shall make findings with reference thereto, and render judgment and decree thereon as the case warrants. Costs may be divided or apportioned among any contesting parties in the discretion of the trial court. Review of the judgment of the court may be had as in other civil action. The Rules of Civil Procedure shall govern in matters of pleading and practice where not otherwise specified. The court shall disregard any error, irregularity or omission which does not affect the substantial rights of the parties. The provisions of Section [Sections] 3-27-6 and 3-27-7 NMSA 1978, shall apply to contracts entered into pursuant to the provisions of Section 3-27-5 NMSA 1978. History: 1953 Comp., § 14-26-7, enacted by Laws 1965, ch. 310, § 2. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 3-27-9 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 27 - Water Facilities|Section 3-27-9 - Emergency water supply fund created; expenditure.

The "emergency water supply fund" is created in the state treasury. Expenditures from this fund shall be made upon order of the state board of finance when the board determines that an emergency exists requiring the expenditure in order to provide an adequate and safe drinking water supply for residents of any community of less than 5,000 population in New Mexico using a drinking water supply system in common. Disbursements from the fund shall be upon vouchers signed by the secretary of finance and administration or his authorized representative. History: 1953 Comp., § 14-26-9, enacted by Laws 1972, ch. 25, § 1; 1983, ch. 301, § 8.
NM Stat § 3-28-2 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 28 - Water or Natural Gas Associations|Section 3-28-2 - Intercommunity water or natural gas supply association; directors.

Any association formed under Chapter 3, Article 28 NMSA 1978 shall be designated an intercommunity water or natural gas supply association. The directors of the association shall be composed of the commissioners appointed by and shall serve at the pleasure of the governing body of the municipalities who appoint the commissioners. History: 1953 Comp., § 14-27-2, enacted by Laws 1965, ch. 300; 1990, ch. 60, § 2. ANNOTATIONSThe 1990 amendment, effective March 2, 1990, rewrote the first sentence which read "Any such association formed under Sections 14-27-1 through 14-27-18 New Mexico Statutes Annotated, 1953 Compilation shall be designated an intercommunity water or natural gas supply association" and made minor stylistic changes in the second sentence. Jurisdiction of public service commission. — Insofar as the utility operation of an intercommunity gas association is concerned, the New Mexico public service commission is the major agency exercising jurisdiction over such association. 1966 Op. Att'y Gen. No. 66-07.
NM Stat § 3-28-3 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 28 - Water or Natural Gas Associations|Section 3-28-3 - Certificate of association.

The incorporators of an association formed under Chapter 3, Article 28 NMSA 1978 shall execute a certificate setting forth: A. the name of the association. No name shall be assumed that is in use by another association or corporation in this state or so nearly similar as to lead to uncertainty or confusion; B. the names of the incorporators; C. the location of its principal office in this state; D. the objects and purposes of the association, the county or counties in which its operations are to be carried on and the general description of the lands, reservoir, pipelines and water or natural gas supply systems to be used under the management of the association; E. the amount of capital stock and number and denomination of the shares or, if the incorporators do not desire to issue shares of stock, the plan and manner of acquiring membership and of providing funds or means for the acquisition, construction, improvement and maintenance of its works and for its necessary expenses; F. the period, if any, limited for the duration of the association; and G. the number of members to serve upon the board of directors of the association and the duration of their offices, and it may name the persons who shall serve as the board of directors for the first three months or until their successors are duly appointed and qualified. The certificate or any amendment thereof may also contain any provision not inconsistent with the law of this state that the incorporators may choose to insert for the regulation and conduct of the affairs of the association extending its membership, enlarging or changing the scope of its operations, creating and enforcing a lien upon the reservoirs, works, water rights and pipelines of the association or its members for the cost of the acquisition, construction, repair, improvement and maintenance of same, collecting the necessary funds for expenses and purposes of the association, defining or limiting its powers and for its dissolution and the distribution or other disposition of its property. History: 1953 Comp., § 14-27-3, enacted by Laws 1965, ch. 300; 1990, ch. 60, § 3. ANNOTATIONSThe 1990 amendment, effective March 2, 1990, deleted the "and" at the end of Subsection G, deleted the subsection designation "H" at the beginning of the final paragraph of the section, and made minor stylistic changes throughout.
NM Stat § 3-28-4 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 28 - Water or Natural Gas Associations|Section 3-28-4 - Acknowledgment and filing of original certificate; recording of copy.

The certificate of association shall be acknowledged as required for deeds of real estate and shall be filed in the office of the secretary of state, and a copy of the certificate, duly certified by the secretary of state, shall be recorded in the office of the county clerk of the county or counties where the lands or works are located. The certificate or a copy thereof duly certified by the secretary of state or county clerk shall be evidence in all courts and places. History: 1953 Comp., § 14-27-4, enacted by Laws 1965, ch. 300; 1990, ch. 60, § 4; 2013, ch. 75, § 1. ANNOTATIONSThe 2013 amendment, effective July 1, 2013, required that certificates of association be filed with the secretary of state; after the "filed in the office of the" deleted "state corporation commission" and added "secretary of state"; after "a copy of the certificate, duly certified by the", deleted "state corporation commission" and added "secretary of state"; and after "a copy thereof duly certified by the", deleted "commission" and added "secretary of state". The 1990 amendment, effective March 2, 1990, substituted "The certificate of association" for "Said certificate" at the beginning of the section and made minor stylistic changes.
NM Stat § 3-28-5 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 28 - Water or Natural Gas Associations|Section 3-28-5 - Powers of association as body corporate.

Upon the filing of the certificate and copy thereof as provided in Section 3-28-4 NMSA 1978, the persons so associating, their successors and those who may thereafter become members of the association shall constitute a body corporate by the name set forth in the certificate and by such name may sue and be sued and shall have capacity to make contracts, acquire, hold, enjoy, dispose of and convey property, real and personal, and to do any other act or thing necessary or proper for carrying out the purposes of their organization. History: 1953 Comp., § 14-27-5, enacted by Laws 1965, ch. 300; 1990, ch. 60, § 5. ANNOTATIONSThe 1990 amendment, effective March 2, 1990, substituted "Section 3-28-4 NMSA 1978" for "Section 14-27-4 New Mexico Statutes Annotated, 1953 Compilation" and made minor stylistic changes.
NM Stat § 3-28-6 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 28 - Water or Natural Gas Associations|Section 3-28-6 - Amendment of certificate of incorporation.

Every association formed under Chapter 3, Article 28 NMSA 1978 may change its name, increase or decrease its capital stock or membership, change the location of its principal office in this state, extend the period of its existence and make such other amendment, change or alteration as may be desired, not inconsistent with Chapter 3, Article 28 NMSA 1978 or other law of this state, by a resolution duly adopted by a two-thirds' vote of the entire membership of the board of directors. A certified copy of such resolution with the affidavit of the president and secretary that the resolution was duly adopted by a two-thirds' vote of the entire membership of the board of directors at a meeting held in accordance with the provisions of its bylaws shall be filed and recorded as provided for filing the original certificate of incorporation, and, thereupon, the certificate of incorporation shall be deemed to be amended accordingly, and a copy of the certificate of amendment certified by the secretary of state and the county clerk shall be accepted as evidence of such change or amendment in all courts and places. History: 1953 Comp., § 14-27-6, enacted by Laws 1965, ch. 300; 1990, ch. 60, § 6; 2013, ch. 75, § 2. ANNOTATIONSThe 2013 amendment, effective July 1, 2013, required that the secretary of state certify certificates of amendment of articles of incorporation; and in the second sentence, after "certificate of amendment certified by the", deleted "state corporation commission" and added "secretary of state". The 1990 amendment, effective March 2, 1990, inserted "formed under Chapter 3, Article 28 NMSA 1978" and substituted "Chapter 3, Article 28 NMSA 1978" for "Sections 14-27-1 through 14-27-18 New Mexico Statutes Annotated, 1953 Compilation" in the first sentence and made minor stylistic changes.
NM Stat § 3-28-7 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 28 - Water or Natural Gas Associations|Section 3-28-7 - Notice of first meeting.

The first meeting of every association formed under Chapter 3, Article 28 NMSA 1978 shall be called by a notice signed by a majority of the incorporators named in the certificate of incorporation, which notice shall be served personally or by mail at least ten days prior to the date of the meeting. History: 1953 Comp., § 14-27-7, enacted by Laws 1965, ch. 300; 1990, ch. 60, § 7. ANNOTATIONSThe 1990 amendment, effective March 2, 1990, inserted "formed under Chapter 3, Article 28 NMSA 1978" and made minor stylistic changes.
NM Stat § 3-28-8 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 28 - Water or Natural Gas Associations|Section 3-28-8 - Board of directors; powers.

The power to make and alter bylaws or rules and regulations for the management and operation of the works of the association, and the control and conduct of its business and affairs, shall be in the board of directors. History: 1953 Comp., § 14-27-8, enacted by Laws 1965, ch. 300.
NM Stat § 3-28-9 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 28 - Water or Natural Gas Associations|Section 3-28-9 - Officers or agents; manner of appointment.

Associations formed under Chapter 3, Article 28 NMSA 1978 may have such officers or agents chosen or appointed in such manner and for such terms as may be provided by the bylaws except as is otherwise provided in Chapter 3, Article 28 NMSA 1978. History: 1953 Comp., § 14-27-9, enacted by Laws 1965, ch. 300; 1990, ch. 60, § 8. ANNOTATIONSThe 1990 amendment, effective March 2, 1990, inserted "formed under Chapter 3, Article 28 NMSA 1978", substituted "Chapter 3, Article 28 NMSA 1978" for "Sections 14-27-1 through 14-27-18 New Mexico Statutes Annotated, 1953 Compilation" and made a minor stylistic change.
NM Stat § 3-28-10 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 28 - Water or Natural Gas Associations|Section 3-28-10 - Revenue bond issues.

Whenever the board of directors for any intercommunity water or natural gas supply association determines, by resolution, that interest or necessity demands the acquisition, construction, repair, extension, improvement or betterment of any water system or natural gas transmission and distribution system, the association is hereby authorized to make and issue revenue bonds, payable solely out of the net income to be derived from the operation of such system, and to pledge irrevocably such income to the payment of the bonds, the proceeds of the bonds to be used solely for the purchasing, acquiring, constructing and making of necessary improvements, extension, repairs and betterments of the systems or for the purchase and acquiring of wells, cisterns, reservoirs or other sources of supply, rights-of-way, pipelines and pumping plants or other machinery necessary for the operation thereof and the land and real estate upon which the same are situated or to be situated. History: 1953 Comp., § 14-27-10, enacted by Laws 1965, ch. 300; 1981, ch. 203, § 2; 1990, ch. 60, § 9. ANNOTATIONSThe 1990 amendment, effective March 2, 1990, made minor stylistic changes throughout the section.
NM Stat § 3-28-11 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 28 - Water or Natural Gas Associations|Section 3-28-11 - Terms and provisions of revenue bond issues.

A. Revenue bonds issued as provided in Chapter 3, Article 28 NMSA 1978: (1) shall bear interest at such rates as the association may determine payable annually or semiannually except for the first interest payment which may be for any period not to exceed one year from the date of the bonds; (2) may be subject to prior redemption at the association's option at such time and upon such terms and conditions with or without payment of a premium as may be provided by the resolution, indenture or other authorizing instrument; (3) shall be numbered from one upward consecutively; (4) shall be in such form as may be determined by the association; (5) shall mature at any time or times not exceeding thirty-five years from the date of such bonds; (6) may be secured by a bond reserve fund that may be funded by proceeds of the bonds or net revenues of the system or both; (7) may be secured by municipal bond insurance or other credit facilities; (8) may be issued pursuant to an indenture of trust or similar instrument with a corporate or other trustee; and (9) may have such other terms and conditions as the association may provide. B. Such revenue bonds may be sold at either public or private sale, at, above or below par and at any net effective interest rate as the association may determine; provided that such revenue bonds shall not be sold at any net effective interest rate in excess of twelve percent a year unless the state board of finance at any time prior to delivery of the revenue bonds approves such higher net effective interest rate in writing, based upon the determination of the board that the higher rate is reasonable under existing or anticipated bond market conditions. Any approval of any net effective interest rate in excess of twelve percent shall constitute conclusive authority for the association to issue its revenue bonds at the higher net effective interest rate. As used in this subsection "net effective interest rate" means the interest rate based on the actual price to such association, calculated to maturity according to standard tables of bond values. History: 1978 Comp., § 3-28-11, enacted by Laws 1990, ch. 60, § 10. ANNOTATIONSRepeals and reenactments. — Laws 1990, ch. 60, § 10 repealed former Section 3-28-11 NMSA 1978, as enacted by Laws 1965, ch. 300 and enacted a new section, effective March 2, 1990.
NM Stat § 3-28-13 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 28 - Water or Natural Gas Associations|Section 3-28-13 - Payment of bonds.

Revenue bonds issued under Chapter 3, Article 28 NMSA 1978 shall not be considered or held to be general obligations of the intercommunity water or natural gas supply association issuing them and shall be collectible only out of the net revenues derived from the operation of the water or natural gas system whose income is so pledged. Each of the bonds of any issue of revenue bonds so issued shall recite on its face that it is payable and collectible solely from the revenues derived from the operations of the water or natural gas system, the income of which is so pledged, and that the holders of the bonds may not look to any general or other fund for the payment of principal or interest of such obligations; provided, further, that such revenue bonds may additionally be secured by a mortgage on the properties of the association and that the properties may be conveyed to a trustee for the benefit and security of the holders of the bonds. To the extent provided in the bond resolution or the trust indenture securing such bonds, additional bonds may be issued on a parity basis with bonds issued previously, and bonds constituting a junior lien on the net revenues or properties may be issued unless prohibited by any such bond resolution or trust indenture. History: 1953 Comp., § 14-27-13, enacted by Laws 1965, ch. 300; 1967, ch. 40, § 1; 1990, ch. 60, § 12. ANNOTATIONSThe 1990 amendment, effective March 2, 1990, substituted "Revenue bonds issued under Chapter 3, Article 28 NMSA 1978" for "It is hereby declared that revenue bonds issued hereunder" at the beginning, made a spelling correction, and made minor stylistic changes throughout the section.
NM Stat § 3-28-14.1 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 28 - Water or Natural Gas Associations|Section 3-28-14.1 - Publication of notice after adoption of resolutions; limitation of action.

The association, after its board of directors has adopted a resolution authorizing the issuance of the bonds, shall publish notice of the adoption of such resolution once in a newspaper of general circulation within the area served by the association. After the passage of thirty days from such publication, any action attacking the validity of the bonds, the resolution, indenture or other instrument or any proceedings had or taken by the board of directors or association preliminary to and in the authorization and issuance of the bonds described in the notice, including but not necessarily limited to any attack on the power to issue such bonds, is perpetually barred. History: 1978 Comp., § 3-28-14.1, enacted by Laws 1990, ch. 60, § 14.