reglab/housing_qa huggingface dataset:
NM Stat § 73-21-15.1 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 21 - Water and Sanitation Districts|Section 73-21-15.1 - Appointment of first board.

Members of the first board of any district shall be appointed by the board of county commissioners. In a district consisting of multiple counties, the district judge shall designate how many members of the board will be appointed by each board of county commissioners. The first board shall consist of five directors who are qualified electors of the district appointed for staggered terms so that the terms of two directors expire within two years and the terms of three directors expire within four years. Thereafter, all directors shall be elected to terms of office pursuant to the provisions of the Water and Sanitation District Act. Any director appointed by any board of county commissioners shall be eligible for election; provided that no member of a board shall serve more than two consecutive terms. History: 1978 Comp., § 73-21-15.1, enacted by Laws 1985, ch. 155, § 8; 2005, ch. 167, § 5; 2019, ch. 212, § 264. ANNOTATIONSThe 2019 amendment, effective April 3, 2019, provided that a district judge shall designate how many members of the board will be appointed by each board of county commissioners in a district consisting of multiple counties, and changed the length of terms of certain directors to provide for staggered terms; in the section heading, added "Appointment of first", and after "board", deleted "district created by a board of county commissioners"; deleted "Notwithstanding any other provision of the Water and Sanitation District Act relating to election of the board, all", after "first board of any district", deleted "created pursuant to a petition signed by the chairman of the board of county commissioners of a county", after "county commissioners.", added "In a district consisting of multiple counties, the district judge shall designate how many members of the board will be appointed by each board of county commissioners.", after "The", added "first", after "terms of two directors expire", deleted "in one year" and added "within two years", after "three directors expire", deleted "in two" and added "within four", and after "shall be elected to", deleted "two-year".The 2005 amendment, effective June 17, 2005, changed the former reference to "residents" to "taxpaying electors".
NM Stat § 73-21-17 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 21 - Water and Sanitation Districts|Section 73-21-17 - Taxes.

In addition to the other means of providing revenue for such districts as herein provided, the board shall have power and authority to levy and collect ad valorem taxes on and against all taxable property within the district. History: 1941 Comp., § 77-3415, enacted by Laws 1943, ch. 80, § 15; 1953 Comp., § 75-18-15. ANNOTATIONSDistrict performs general governmental function. — As this section gives a water and sewer district the authority to impose ad valorem taxes, such district performs a general governmental function involving the administration of sanitation and health services and is not of special proprietary interest. In re Lower Valley Water & Sanitation Dist., 1981-NMSC-088, 96 N.M. 532, 632 P.2d 1170. Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waterworks and Water Companies § 4. 94 C.J.S. Waters § 243.
NM Stat § 73-21-18 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 21 - Water and Sanitation Districts|Section 73-21-18 - Levy and collection of taxes.

To levy and collect taxes, the board shall, in each year, determine the amount of money necessary to be raised by taxation, taking into consideration other sources of revenue of the district, and shall fix a rate of levy which, when levied upon every dollar of assessed valuation of taxable property within the district, and with other revenues will raise the amount required by the district annually, to supply funds for paying expenses of organization and the costs of construction [constructing], operating and maintaining the works and equipment of the district, and promptly to pay in full, when due, all interest on and principal of bonds and other obligations of the district, and in the event of accruing defaults or deficiencies, an additional levy may be made as provided in Section 73-21-19 NMSA 1978. The board shall, on or before October 1 of each year, certify to the board of county commissioners of each county within the district, or having a portion of its territory within the district, the rate so fixed with directions that at the time and in the manner required by law for levying of taxes for county purposes, the board of county commissioners shall levy the tax upon [the] assessed valuation of all taxable property within the district, in addition to other taxes as may be levied by the board of county commissioners at the rate so fixed and determined. History: 1941 Comp., § 77-3416, enacted by Laws 1943, ch. 80, § 16; 1953 Comp., § 75-18-16; Laws 1963, ch. 261, § 4. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and it is not part of the law. Interest on bonds. — Interest may be collected after date of maturity of general obligation bond of sanitation district; holder is entitled to interest at rate stated from issuance of bond, until he receives payment. Dexter v. Lakeshore City Sanitation Dist., 1971-NMSC-057, 82 N.M. 556, 484 P.2d 1266. Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waterworks and Water Companies § 4. 94 C.J.S. Waters § 243.
NM Stat § 73-21-19 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 21 - Water and Sanitation Districts|Section 73-21-19 - Levies to cover defaults and deficiencies.

The board in certifying annual levies as herein provided, shall take into account the maturing indebtedness for the ensuing year as provided in its contracts, maturing bonds and interest on bonds, and deficiencies and defaults of prior years, and shall make ample provision for the payment thereof. In case the moneys produced from such levies, together with other revenues of the district, are not sufficient punctually to pay the annual installments on its contracts or bonds, and interest thereon, and to pay defaults and deficiencies, then the board shall make such additional levies of taxes as may be necessary for such purposes, and not withstanding any limitations, such taxes shall be made and continue to be levied until the indebtedness of the district shall be fully paid. History: 1941 Comp., § 77-3417, enacted by Laws 1943, ch. 80, § 17; 1953 Comp., § 75-18-17. ANNOTATIONSBond tax levy limited. — The provisions of Section 4-54-4 NMSA 1978 of the Community Service District Act limit the tax levy for debt provisions of the Water and Sanitation District Act. El Dorado Utils., Inc. v. Eldorado Area Water & Sanitation District, 2005-NMCA-036, 137 N.M. 217, 109 P.3d 305. Interest on bonds. — Interest may be collected after date of maturity of general obligation bond of sanitation district; holder is entitled to interest at rate stated from issuance of bond until he receives payment. Dexter v. Lakeshore City Sanitation Dist., 1971-NMSC-057, 82 N.M. 556, 484 P.2d 1266. Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waterworks and Water Companies § 4. 94 C.J.S. Waters § 243.
NM Stat § 73-21-20 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 21 - Water and Sanitation Districts|Section 73-21-20 - Officers levy and collect taxes.

It shall be the duty of the body having authority to levy taxes within each county, to levy taxes provided in this act and it shall be the duty of all officials charged with the duty of collecting taxes to collect such taxes at the time and in the form and manner and with like interest and penalties as other taxes are collected and when collected to pay the same to the districts ordering its levy and collection, and the payment of such collections shall be made monthly to the treasurer of the district and paid into the depository thereof to the credit of the district. All taxes levied under this act, together with interest thereon and penalties for default in payment thereof, and all costs of collecting the same, shall, until paid, constitute a perpetual lien on and against the property taxed, and such lien shall be on a parity with the tax lien of general taxes. History: 1941 Comp., § 77-3418, enacted by Laws 1943, ch. 80, § 18; 1953 Comp., § 75-18-18. ANNOTATIONSCompiler's notes. — The term "this act" means Laws 1943, Chapter 80, which appears as 73-21-1, 73-21-3 to 73-21-14, 73-21-16 to 73-21-26, 73-21-28 to 73-21-35 NMSA 1978. But see 73-21-2 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 94 C.J.S. Waters § 243.
NM Stat § 73-21-21 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 21 - Water and Sanitation Districts|Section 73-21-21 - Sale for delinquencies; purchase by district.

If the taxes levied are not paid as herein provided, then delinquent real property shall be sold at the regular tax sale for the payment of the taxes, interest and penalties, in the manner provided by law for selling property for the nonpayment of general taxes. The board of directors may purchase, in the name of the district, any property which may be sold for delinquent taxes within the boundaries of the district and the board may take title to the lands in the name of the district and sell and convey the lands at a price not less than the taxes, penalty and interest accrued thereon. Delinquent personal property shall be distrained and sold as provided by law. History: 1941 Comp., § 77-3419, enacted by Laws 1943, ch. 80, § 19; 1953 Comp., § 75-18-19; Laws 1963, ch. 261, § 5. ANNOTATIONSCross references. — For sale of personalty for delinquent property taxes, see 7-38-53 NMSA 1978 et seq. For sale of real property for delinquent property taxes, see 7-38-65 NMSA 1978 et seq. Am. Jur. 2d, A.L.R. and C.J.S. references. — 94 C.J.S. Waters § 243.
NM Stat § 73-21-22 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 21 - Water and Sanitation Districts|Section 73-21-22 - Sinking fund.

Whenever any indebtedness has been incurred by a district, it shall be lawful for the board to levy taxes and collect revenue for the purpose of creating a reserve fund in such amount as the board may determine, which may be used to meet the obligations of the district, for maintenance and operating charges and depreciation, and provide extensions of and betterments to the improvements of the district. History: 1941 Comp., § 77-3420, enacted by Laws 1943, ch. 80, § 20; 1953 Comp., § 75-18-20.
NM Stat § 73-21-23 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 21 - Water and Sanitation Districts|Section 73-21-23 - Inclusion [of additional property].

The boundaries of any district organized under the provisions of this act may be changed in the manner herein prescribed, but the change of boundaries of the district shall not impair or affect its organization or its rights in or to property, or any of its rights or privileges whatsoever; nor shall it affect or impair or discharge any contract, obligation, lien or charge for or upon which it might be liable or chargeable had any such change of boundaries not been made. The owners of real property may file with the board a petition, in writing, praying that such real property be included in the district. The petition shall prescribe the property owned by the petitioners, and such petition shall be deemed to give assent of the petitioners to the inclusion in said district of the property described in the petition, and such petition must be acknowledged in the same manner that conveyances of land are required to be acknowledged. The secretary of the board shall cause notice of filing of such petition to be given and published in the county in which the property is situated, which notice shall state the filing of such petition, names of petitioners, descriptions of lands mentioned and the prayer of said petitioners; giving notice to all persons interested to appear at the office of the board at the time named in said notice and show cause in writing, if any they have, why the petition should not be granted. The board shall at the time and place mentioned or at such time or times at which the hearing may be adjourned, proceed to hear the petition and all objections thereto, presented, in writing, by any person showing cause why said petition should not be granted. The failure of any person interested to show cause in writing shall be deemed and held and taken as an assent on his part to the inclusion of such lands in the district as prayed for in the petition. If the petition is granted, the board shall make an order to that effect and file same with the clerk of the court and upon order of the court said property shall be included in the district. History: 1941 Comp., § 77-3421, enacted by Laws 1943, ch. 80, § 21; 1953 Comp., § 75-18-21. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — The term "this act" means Laws 1943, Chapter 80, which appears as 73-21-1, 73-21-3 to 73-21-14, 73-21-16 to 73-21-26, 73-21-28 to 73-21-35 NMSA 1978. But see 73-21-2 NMSA 1978. Cross references. — For publication of legal notice, see Chapter 14, Article 11 NMSA 1978. For acknowledgments, see 14-13-1 to 14-13-24 NMSA 1978. Municipal Code inapplicable. — Language of this section cannot be construed to allow water and sanitation district to use provisions of Municipal Code [Chapter 3 NMSA 1978]. 1976 Op. Att'y Gen. No. 76-33. Am. Jur. 2d, A.L.R. and C.J.S. references. — 94 C.J.S. Waters § 243.
NM Stat § 73-21-24 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 21 - Water and Sanitation Districts|Section 73-21-24 - Exclusion [from district].

The owner or owners in fee of any real property constituting a portion of the district may file with the board a petition praying that such lands be excluded and taken from said district. Petition shall describe the property which the petitioners desire to have excluded. Such petition must be acknowledged in the same manner and form as required in case of a conveyance of land and be accompanied by a deposit of money sufficient to pay all costs of the exclusion proceedings. The secretary of the board shall cause a notice of filing of such petition to be published in the county in which said property or the major portion thereof, is located. The notice shall state the filing of such petition, the names of petitioners, description of the property mentioned in said petition and the prayer of said petitioners; and it shall notify all persons interested to appear at the office of said board at the time named in said notice, showing cause in writing, if any they have, why said petition should not be granted. The board at the time and place mentioned in the notice, or at the time or times at which the hearing of said petition may be adjourned, shall proceed to hear the petition and all objections thereto, presented in writing by any person showing cause as aforesaid, why the prayer of the petition should not be granted. The filing of such petition shall be deemed and taken as an assent by each and all such petitioners to the exclusion from the district of the property mentioned in the petition, or any part thereof. The board, if it deems it not for the best interests of the district that the property mentioned in the petition, or portion thereof, shall be excluded from the district, shall order that said petition be denied; but if it deems it for the best interest of the district that the property mentioned in the petition, or some portion thereof, be excluded from the district, then the board may order the property mentioned in the petition or some portion thereof, excluded from the district. Upon allowance of such petition, the board shall file a certified copy of the order of the board making such change with the clerk of the court and upon order of the court said property shall be excluded from the district. History: 1941 Comp., § 77-3422, enacted by Laws 1943, ch. 80, § 22; 1953 Comp., § 75-18-22. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For publication of legal notice, see Chapter 14, Article 11 NMSA 1978. For acknowledgments, see Chapter 14, Article 13 NMSA 1978.
NM Stat § 73-21-25 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 21 - Water and Sanitation Districts|Section 73-21-25 - Liability of property included or excluded.

All taxable property annexed to a district shall thereafter be subject to the levy of taxes for the payment of any indebtedness of the district outstanding at the time of the annexation. Real property excluded from a district shall thereafter be subject to the levy of taxes for the payment of any indebtedness of the district outstanding at the time of its exclusion in the same manner and to the same extent as if such property had not been excluded from the district. History: 1941 Comp., § 77-3423, enacted by Laws 1943, ch. 80, § 23; 1953 Comp., § 75-18-23; Laws 1963, ch. 261, § 6.
NM Stat § 73-21-26 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 21 - Water and Sanitation Districts|Section 73-21-26 - Bonds; interest; form.

To carry out the purposes of the Water and Sanitation District Act, the board may issue bonds of the district upon approval of the majority of the qualified electors of the district voting on the question pursuant to the provisions of the Local Election Act [Chapter 1, Article 22 NMSA 1978]. Bonds shall bear interest payable semiannually and shall be due and payable serially, either annually or semiannually, commencing not later than three years and extending not more than twenty years from date. The form and terms of the bonds, including provisions for their payment and redemption, shall be determined by the board. If the board so determines, the bonds may be redeemable prior to maturity upon payment of a premium, not exceeding three percent of the principal thereof. The bonds, except for bonds issued in book entry or similar form without the delivery of physical securities, shall be executed in the name of and on behalf of the district and signed by the chair of the board, with the seal of the district affixed thereto, and attested to by the secretary of the board. The bonds shall be sold and shall be in such denominations as the board determines, and the bonds and the attached coupons, if any, shall be payable to the bearer or registered as to principal or as to principal and interest. Interest coupons, if any, shall bear the original or facsimile signature of the chair of the board. History: 1941 Comp., § 77-3424, enacted by Laws 1943, ch. 80, § 24; 1953 Comp., § 75-18-24; Laws 1963, ch. 261, § 7; 1977, ch. 345, § 8; 1983, ch. 265, § 61; 2019, ch. 212, § 265. ANNOTATIONSThe 2019 amendment, effective April 3, 2019, provided that a bond election to raise funds for a water and sanitation district to carry out the purposes of the Water and Sanitation District Act shall be conducted pursuant to the Local Election Act; and after "majority of the", deleted "taxpaying" and added "qualified", and after "district voting on the question", added "pursuant to the provisions of the Local Election Act".Am. Jur. 2d, A.L.R. and C.J.S. references. — 94 C.J.S. Waters §§ 241, 243.
NM Stat § 73-21-27 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 21 - Water and Sanitation Districts|Section 73-21-27 - Community Service District Act provisions apply.

With respect to the issuance of any negotiable securities representing an indebtedness of the water and sanitation district, the provisions and procedures set forth in the Community Service District Act [4-54-1 to 4-54-5 NMSA 1978] shall apply. History: 1953 Comp., § 75-18-24.1, enacted by Laws 1977, ch. 345, § 9. ANNOTATIONSBond tax levy limited. — The limitation of taxing power found in Section 4-54-4 NMSA 1978 of the Community Service District Act applies to a water and sanitation district. El Dorado Utils., Inc. v. Eldorado Area Water & Sanitation District, 2005-NMCA-036, 137 N.M. 217, 109 P.3d 305. Limitation on issuing bonds. — Because a water and sanitation district can only levy taxes to pay indebtedness within the limits of Section 4-54-4 NMSA 1978, a district cannot issue bonds pursuant to a bond resolution that authorizes the levy of taxes beyond what Section 4-54-4 NMSA 1978 allows. El Dorado Utils., Inc. v. Eldorado Area Water & Sanitation District, 2005-NMCA-036, 137 N.M. 217, 109 P.3d 305.
NM Stat § 73-21-29 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 21 - Water and Sanitation Districts|Section 73-21-29 - Repealed.

History: 1941 Comp., § 77-3426, enacted by Laws 1943, ch. 80, § 26; 1953 Comp., § 75-18-26; repealed by Laws 2018, ch. 79, § 175.ANNOTATIONSRepeals. — Laws 2018, ch. 79, § 175 repealed 73-21-29 NMSA 1978, as enacted by Laws 1943, ch. 80, § 26, relating to notice of election, effective July 1, 2018. For provisions of former section, see the 2017 NMSA 1978 on NMOneSource.com.
NM Stat § 73-21-30 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 21 - Water and Sanitation Districts|Section 73-21-30 - Repealed.

History: 1941 Comp., § 77-3427, enacted by Laws 1943, ch. 80, § 27; 1953 Comp., § 75-18-27; repealed by Laws 2018, ch. 79, § 175.ANNOTATIONSRepeals. — Laws 2018, ch. 79, § 175 repealed 73-21-30 NMSA 1978, as enacted by Laws 1943, ch. 80, § 27, relating to conduct of election, canvass of returns, effective July 1, 2018. For provisions of former section, see the 2017 NMSA 1978 on NMOneSource.com.
NM Stat § 73-21-31 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 21 - Water and Sanitation Districts|Section 73-21-31 - Effect of election; subsequent elections.

In the event that it appears from the returns that a majority of the qualified electors of the district have voted in favor of the ballot question, the district shall then be authorized to incur the indebtedness or the obligations, enter into the contract or issue and sell the bonds of the district, as the case may be, for the purpose and object provided for in the proposition submitted under the provisions of the Water and Sanitation District Act and in the resolution for them and in the amount so provided and at a rate of interest not exceeding the rate of interest recited in the resolution. Submission of the proposition of incurring such obligations or bonded or other indebtedness at an election shall not prevent or prohibit submission of it or other propositions at subsequent elections called for that purpose. History: 1941 Comp., § 77-3428, enacted by Laws 1943, ch. 80, § 28; 1953 Comp., § 75-18-28; 2019, ch. 212, § 267. ANNOTATIONSThe 2019 amendment, effective April 3, 2019, after "qualified", deleted "taxpaying", and after "submitted under", added "the provisions of the Water and Sanitation District Act".Am. Jur. 2d, A.L.R. and C.J.S. references. — 39A C.J.S. Health and Environment § 56.