reglab/housing_qa huggingface dataset:
NM Stat § 72-16-101 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 16 - Albuquerque Metropolitan Arroyo Flood Control|Section 72-16-101 - Legal investments in securities.

It shall be legal for the state and any of its agencies, departments, instrumentalities, corporations, or political subdivisions, or any political or public corporation, any bank, trust company, banker, savings bank, or institution, any building and loan association, savings and loan association, investment company and any other person carrying on a banking or investment business, any insurance company, insurance association, or any other person carrying on an insurance business, and any executor, administrator, curator, trustee or any other fiduciary, to invest funds or moneys in their custody in any of the securities authorized to be issued pursuant to the provisions hereof. Such securities shall be authorized security for all public deposits. Nothing contained in this Section 101 with regard to legal investments shall be construed as relieving any public body or other person of any duty of exercising reasonable care in selecting securities. History: 1953 Comp., § 75-36-101, enacted by Laws 1963, ch. 311, § 101.
NM Stat § 72-16-102 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 16 - Albuquerque Metropolitan Arroyo Flood Control|Section 72-16-102 - Civil rights.

The authority damaged by any such act may also bring a civil action for damages sustained by any such act, and in such proceeding the prevailing party shall also be entitled to reasonable attorneys' fees and costs of court. History: 1953 Comp., § 75-36-102, enacted by Laws 1963, ch. 311, § 102.
NM Stat § 72-16-103 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 16 - Albuquerque Metropolitan Arroyo Flood Control|Section 72-16-103 - Liberal construction.

This act [Chapter 72, Article 16 NMSA 1978] being necessary to secure and preserve the public health, safety and general welfare, the rule of strict construction shall have no application hereto, but it shall be liberally construed to effect the purposes and objects for which this act is intended. History: 1953 Comp., § 75-36-103, enacted by Laws 1963, ch. 311, § 103. ANNOTATIONSSeverability. — Laws 1963, ch. 311, § 104, provided for the severability of the act if any part or application thereof is held invalid.
NM Stat § 72-17-1 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 17 - Las Cruces Metropolitan Arroyo Flood Control|Section 72-17-1 - Short title.

Chapter 72, Article 17 NMSA 1978 may be cited as the "Las Cruces Arroyo Flood Control Act". History: 1953 Comp., § 75-38-1, enacted by Laws 1967, ch. 156, § 1; 2018, ch. 79, § 110. ANNOTATIONSCross references. — For flood control generally, see Chapter 4, Article 50 NMSA 1978. The 2018 amendment, effective July 1, 2018, changed "This act" to "Chapter 72, Article 17 NMSA 1978". Am. Jur. 2d, A.L.R. and C.J.S. references. — 50 Am. Jur. 2d Levees and Flood Control §§ 1, 2.
NM Stat § 72-17-2 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 17 - Las Cruces Metropolitan Arroyo Flood Control|Section 72-17-2 - Legislative declaration.

It is hereby declared as a matter of legislative determination: A. that the organization of the authority hereby created having the purposes, powers, duties, privileges, immunities, rights, liabilities and disabilities provided in this act [Chapter 72, Article 17 NMSA 1978] will serve a public use and will promote the health, safety, prosperity, security and general welfare of the inhabitants thereof and of the state of New Mexico; B. that the acquisition, improvement, maintenance and operation of any project authorized in this act is in the public interest and constitutes a part of the established and permanent policy of the state; C. that the authority hereby organized shall be a body corporate and politic, a quasi-municipal corporation, and a political subdivision of the state; D. that the flood control system hereby authorized and directed to be acquired will be of special benefit to the property within the boundaries of the authority hereinafter organized and created; E. that the notice provided for in this act for each hearing and action to be taken is reasonably calculated to inform any person of interest in any proceedings hereunder which may directly and adversely affect his legally protected interests; F. that a general law cannot be made applicable to the designated flood control system and the provisions herein appertaining thereto because of a number of typical and special conditions concerning them; G. that for the accomplishment of these purposes, the provisions of this act shall be broadly construed. History: 1953 Comp., § 75-38-2, enacted by Laws 1967, ch. 156, § 2.
NM Stat § 72-17-3 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 17 - Las Cruces Metropolitan Arroyo Flood Control|Section 72-17-3 - Decision of board or governing body final.

The action and decision of the board as to all matters passed upon by it in relation to any action, matter or thing provided herein shall be final and conclusive unless arbitrary, capricious or fraudulent. History: 1953 Comp., § 75-38-3, enacted by Laws 1967, ch. 156, § 3.
NM Stat § 72-17-5 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 17 - Las Cruces Metropolitan Arroyo Flood Control|Section 72-17-5 - Creation of authority.

There is hereby created a flood control authority to be known and designated as the "Las Cruces metropolitan arroyo flood control authority." History: 1953 Comp., § 75-38-5, enacted by Laws 1967, ch. 156, § 5. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 52A C.J.S. Levees and Flood Control § 21.
NM Stat § 72-17-7 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 17 - Las Cruces Metropolitan Arroyo Flood Control|Section 72-17-7 - Provision for remonstrances.

Within sixty days from the time this act [Chapter 72, Article 17 NMSA 1978] goes into effect, a written, signed and acknowledged remonstrance against the acquiring of the flood control system provided for in Section 19 [72-17-19 NMSA 1978] herein may be filed with the board hereinafter created by the owners of property of the value of at least thirty percent of the value of the property herein provided to be taxed, based upon the assessed valuation of said property for general taxes for the year preceding the year of making such remonstrance. If there is real estate in the authority that has not been separately assessed by the taxing authorities, the board shall value such real estate for the purpose of such remonstrance on the same basis of valuation as other real estate similarly situated that has been separately assessed. The board shall, as soon as possible, examine such remonstrance, if made, and canvass and pass upon and determine its sufficiency, and its action thereon shall be final. If the petition is found to contain the names of the owners of property of fifty percent of the total valuation of said real estate in the authority and is found to be sufficient, then the flood control system herein provided for shall not be acquired; provided, that no action under the terms of this act shall be delayed during the period of sixty days, except that no bonds shall be issued during said time. History: 1953 Comp., § 75-38-7, enacted by Laws 1967, ch. 156, § 7. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 52A C.J.S. Levees and Flood Control § 18.
NM Stat § 72-17-8 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 17 - Las Cruces Metropolitan Arroyo Flood Control|Section 72-17-8 - Board of directors.

The governing body of the authority hereby created is a board of directors consisting of five qualified electors of the authority. All powers, rights, privileges and duties vested in or imposed upon the authority are exercised and performed by and through the board of directors; provided that the exercise of any executive, administrative and ministerial powers may be, by the board, delegated and redelegated to officers and employees of the authority. Except for the first directors appointed as provided and except for any director chosen to fill an unexpired term, the term of each director runs for six years. Each director, subject to such exceptions, shall serve a six-year term, and each director shall serve until a successor has been duly chosen and qualified. History: 1953 Comp., § 75-38-8, enacted by Laws 1967, ch. 156, § 8; 2018, ch. 79, § 112. ANNOTATIONSThe 2018 amendment, effective July 1, 2018, revised the language related to the commencing and ending dates of the terms of each director of the Las Cruces Arroyo Flood Control Authority; and after "the term of each director", deleted "commences on the first day of January next following a general election in the state and", after "a six-year term", deleted "ending on the first day of January next following a general election". Am. Jur. 2d, A.L.R. and C.J.S. references. — 52A C.J.S. Levees and Flood Control § 21.
NM Stat § 72-17-9 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 17 - Las Cruces Metropolitan Arroyo Flood Control|Section 72-17-9 - Appointment of first board.

When this act [Chapter 72, Article 17 NMSA 1978] goes into effect, the governor shall forthwith appoint five qualified electors of the authority as the directors comprising the first board. They shall serve until their successors have been elected and qualified. Immediately upon their appointment the five directors shall meet, qualify and choose officers, as provided for organizational meetings thereafter in Section 13 [72-17-13 NMSA 1978] hereof. History: 1953 Comp., § 75-38-9, enacted by Laws 1967, ch. 156, § 9. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 52A C.J.S. Levees and Flood Control § 22.
NM Stat § 72-17-10 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 17 - Las Cruces Metropolitan Arroyo Flood Control|Section 72-17-10 - Election of directors.

At the time that a proposal to incur debt is first submitted to the qualified electors, the qualified electors of the authority shall elect five qualified directors, two to serve a term ending January 1, 1969, two to serve a term ending January 1, 1971 and one to serve a term ending January 1, 1973. At the first election, the five candidates receiving the highest number of votes shall be elected as directors. The terms of the directors shall be determined by lot at their organizational meeting. At each election thereafter, the qualified electors of the authority shall elect similarly one or two qualified electors as directors to serve six-year terms as directors and as successors to the directors whose terms end following each election. Nothing in this section may be construed as preventing qualified electors of the authority from being elected or reelected as directors to succeed themselves. History: 1953 Comp., § 75-38-10, enacted by Laws 1967, ch. 156, § 10; 2018, ch. 79, § 113. ANNOTATIONSThe 2018 amendment, effective July 1, 2018, removed outdated language, replaced "taxpaying" with "qualified" preceding "electors" throughout the section, and made technical changes; and deleted "or at the first general election next following the effective date of the Las Cruces Arroyo Flood Control Act, whichever occurs first", after "At each", deleted "general", after "directors whose terms end", deleted "on the first day of January next", after "reelected as directors to succeed", deleted "himself" and added "themselves", and deleted the remainder of the section, which related to elections for directors when there is a vacancy on the board. Am. Jur. 2d, A.L.R. and C.J.S. references. — 52A C.J.S. Levees and Flood Control § 22.
NM Stat § 72-17-11 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 17 - Las Cruces Metropolitan Arroyo Flood Control|Section 72-17-11 - Nomination of directors.

Written nominations of any candidate as director may be filed with the proper filing officer in accordance with the provisions of the Local Election Act [Chapter 1, Article 22 NMSA 1978]. Each nomination of any candidate shall be signed by not less than fifty qualified electors regardless of whether or not nominated, shall designate the name of the candidates and shall recite that the subscribers are qualified electors and that the candidates designated are qualified electors of the authority. No written nomination may designate more qualified electors as candidates than there are vacancies. No qualified elector may nominate more than one candidate for any vacancy. History: 1953 Comp., § 75-38-11, enacted by Laws 1967, ch. 156, § 11; 2018, ch. 79, § 114. ANNOTATIONSThe 2018 amendment, effective July 1, 2018, provided that nominations of candidates for director of the Las Cruces Arroyo Flood Control Authority may be filed in accordance with the provisions of the Local Election Act, removed outdated language, and made technical and conforming changes; and deleted "Not later than forty-five days before a proposal to incur debt shall be first submitted to the taxpaying electors or at the first general election next following the effective date of the Las Cruces Arroyo Flood Control Act, which ever occurs first", after "may be filed with the", deleted "secretary of the board" and added "proper filing officer in accordance with the provisions of the Local Election Act", replaced "taxpaying" with "qualified" preceding "electors throughout the section, and deleted the last sentence, which related to placement of candidates names on the ballot.
NM Stat § 72-17-12 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 17 - Las Cruces Metropolitan Arroyo Flood Control|Section 72-17-12 - Filling vacancies on board.

Upon a vacancy occurring in the board by reason of death, change of residence, resignation, or for any other reason, the governor shall appoint a qualified elector of the authority, as successor to serve the unexpired term. History: 1953 Comp., § 75-38-12, enacted by Laws 1967, ch. 156, § 12.
NM Stat § 72-17-13 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 17 - Las Cruces Metropolitan Arroyo Flood Control|Section 72-17-13 - Organizational meetings.

Except for the first board, each board shall meet on the first business day next following the first day of the month that the term of office begins for members elected in the immediately preceding election at the office of the board within the authority. Each member of the board, before entering upon the member's official duties, shall take and subscribe an oath that the member will support the constitution of the United States and the constitution and laws of New Mexico and that the member will faithfully and impartially discharge the duties of office to the best of the member's ability, which oath shall be filed in the office of the secretary of state. Each director shall, before entering upon the director's official duties, give a bond to the authority in the sum of ten thousand dollars ($10,000) with good and sufficient surety, conditioned for the faithful performance of each of the duties of office, without fraud, deceit or oppression, and the accounting for all money and property coming into the director's hands, and the prompt and faithful payment of all money and the delivering of all property coming into the director's custody or control belonging to the authority of the director's successors in office. Premiums on all bonds provided for in this section shall be paid by the authority, and all such bonds shall be kept on file in the office of the secretary of state. History: 1953 Comp., § 75-38-13, enacted by Laws 1967, ch. 156, § 13; 2018, ch. 79, § 115. ANNOTATIONSThe 2018 amendment, effective July 1, 2018, revised the schedule for the first meeting of the Las Cruces Arroyo Flood Control Authority following the election of new members to the board; and after "following the first day of", deleted "January I in each odd-numbered year" and added "the month that the term of office begins for members elected in the immediately preceding election".
NM Stat § 72-17-14 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 17 - Las Cruces Metropolitan Arroyo Flood Control|Section 72-17-14 - Board's administrative powers.

The board may exercise the following powers: A. fix the time and place, at which its regular meetings will be held within the authority and provide for the calling and holding of special meetings; B. adopt and amend or otherwise modify bylaws and rules for procedure; C. select one director as chairman of the board and president of the authority, and another director as chairman pro tem of the board and president pro tem of the authority, and choose a secretary and a treasurer of the board and authority, each of which two positions may be filled by a person who is, or is not, a director, and both of which positions may, or may not, be filled by one person; D. prescribe by resolution a system of business administration and create all necessary offices, and establish and reestablish the powers, duties, and compensation of all officers and employees; E. require and fix the amount of all official bonds necessary or desirable and convenient in the opinion of the board for the protection of the funds and property of the authority, subject to the provisions of Section 13 [72-17-13 NMSA 1978] hereof; F. prescribe a method of auditing and allowing or rejecting claims and demands; G. provide a method for the letting of contracts on a fair and competitive basis for the construction of works, any facility, or any project, or any interest therein, or the performance or furnishing of labor, materials or supplies as required herein; H. designate an official newspaper published in the authority in the English language and direct additional publication in any newspaper where it deems that the public necessity may so require; I. make and pass resolutions and orders on behalf of the authority not repugnant to the provisions of this act [Chapter 72, Article 17 NMSA 1978], necessary or proper for the government and management of the affairs of the authority, for the execution of the powers vested in the authority, and for carrying into effect the provisions of this act. History: 1953 Comp., § 75-38-14, enacted by Laws 1967, ch. 156, § 14. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 52A C.J.S. Levees and Flood Control § 24.
NM Stat § 72-17-15 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 17 - Las Cruces Metropolitan Arroyo Flood Control|Section 72-17-15 - Records of board.

On all resolutions and orders, the roll shall be called, and the ayes and noes shall be recorded. All resolutions and orders, as soon as may be after their passage, shall be recorded in a book kept for that purpose and be authenticated by the signature of the presiding officer of the board and the secretary. Every legislative act of the board of a general or permanent nature shall be by resolution. The book of resolutions and orders is a public record. A record shall also be made of all other proceedings of the board, minutes of all meetings, certificates, contracts, bonds given by officers, employees, and any other agents of the authority, and all corporate acts, which record is also a public record. The treasurer shall keep strict and accurate accounts of all moneys received by and disbursed for and on behalf of the authority, in a permanent record, which is also a public record. Any permanent record of the authority shall be open for inspection by any qualified elector thereof, by any other interested person, or by any representative of the federal government or any public body. All records are subject to audit as provided by law for political subdivisions. History: 1953 Comp., § 75-38-15, enacted by Laws 1967, ch. 156, § 15.
NM Stat § 72-17-16 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 17 - Las Cruces Metropolitan Arroyo Flood Control|Section 72-17-16 - Meetings of board.

All meetings of the board shall be held within the authority and shall be open to the public. No business of the board shall be transacted except at a regular or special meeting at which a quorum consisting of at least three-fifths of the total membership of the board is present. Any action of the board requires the affirmative vote of a majority of the directors present and voting. A smaller number of directors than a quorum may adjourn from time to time and may compel the attendance of absent members in such manner and under such penalties as the board may provide. History: 1953 Comp., § 75-38-16, enacted by Laws 1967, ch. 156, § 16.
NM Stat § 72-17-17 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 17 - Las Cruces Metropolitan Arroyo Flood Control|Section 72-17-17 - Compensation of directors.

Directors shall receive no compensation for their services as a director, office: [officer,] engineer, attorney, employee or other agent of the authority. Directors may be reimbursed for expenses incurred by them on authority business with approval of the board. History: 1953 Comp., § 75-38-17, enacted by Laws 1967, ch. 156, § 17. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 72-17-18 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 17 - Las Cruces Metropolitan Arroyo Flood Control|Section 72-17-18 - Interest in contracts and property disqualifications.

No director nor officer, employee or agent of the authority may be interested in any contract or transaction with the authority except in his official representative capacity, or as provided, except for any contract of employment with the authority. Neither the holding of any office or employment in the government of any public body or the federal government nor the owning of any property within the state, within or without the authority, may be deemed a disqualification for membership on the board or employment by the authority, nor a disqualification for compensation for services as an officer, employee or agent of the authority, except as provided in Section 17 [72-17-17 NMSA 1978] hereof. History: 1953 Comp., § 75-38-18, enacted by Laws 1967, ch. 156, § 18.
NM Stat § 72-17-19 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 17 - Las Cruces Metropolitan Arroyo Flood Control|Section 72-17-19 - Flood control system; hearings thereon.

The authority is hereby authorized, empowered and directed, subject to the provisions of Section 7 [72-17-7 NMSA 1978] hereof, to acquire, equip, maintain and operate a flood control system for the benefit of the authority and the inhabitants thereof, after the board has made such preliminary studies and otherwise taken such action as it determines to be necessary or desirable as preliminaries thereto. The flood control system consists of such facilities as the board may determine. When a comprehensive program for the acquisition of the flood control system satisfactory to the board is available, it shall be tentatively adopted. The program need only describe the proposed flood control system in general terms and not in detail. A public hearing on the proposed program shall be scheduled, and notice of the hearing shall be given by publication. After the hearing and any adjournments thereof which may be ordered, the board may either require changes to be made in the program as the board may consider desirable, or the board may approve the program as prepared. If any substantial changes to the program are ordered at any time, a further hearing shall be held pursuant to notice which shall be given by publication. History: 1953 Comp., § 75-38-19, enacted by Laws 1967, ch. 156, § 19. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 52A C.J.S. Levees and Flood Control § 24.